Commercial disputes

Our positioning

We assist and advise French and foreign companies, mainly with regard to litigation relating to their commercial activities. As a result, the team is equally familiar with alternative dispute resolution techniques (mediation and conciliation) and the procedural rules applicable to the courts and arbitration bodies, particularly in an international context.

We use our know-how to identify and implement both out-of-court and judicial strategies (in multiple jurisdictions where necessary) to achieve our clients’ commercial, financial and industrial objectives.

Our particular areas of expertise are: Pharma / biotech / cosmetics; Consumer goods (FMCG, retail, mass-market distribution), Fashion and luxury goods, E-commerce, Food processing and New technologies. However, we work in a wide range of areas, since our commitment to our clients implies in-depth knowledge of their sector, environment and positioning.

Our work covers the full spectrum of competition, distribution, consumer and IP/IT law, in connection with:
  • Commercial contracts (breakdown of negotiations, forced performance, non-performance or breakdown);
  • Exclusive distribution networks, franchises (or master franchises), selective distribution, brand licensing, commercial agency, brokerage and commission-affiliation arrangements;
  • E-commerce and its relationship with selective and multi-channel distribution;
  • Preventing anti-competitive restrictive practices (sudden breakdown of established commercial relationships and tendering resulting in a significant imbalance);
  • Price transparency (general, category-specific and special terms and conditions of sale) and commercial negotiations;
  • Investigations by the administrative authorities (DGCCRF, DDPP, etc.);
  • Anti-competitive practices (restraint of trade agreements and abuse of dominant position);
  • Investigations and proceedings before the French Competition Authority and the Paris Court of Appeal (search, seizure, safeguarding measures, undertakings, leniency declarations);
  • Compensation for victims of anti-competitive practices (“private enforcement”) in response or not to a decision by the French Competition Authority;
  • Unfair competition and parasitism (confusion, poaching, enticement of clients or fraudulent use of investments and know-how, ambush marketing);
  • Promotional and marketing techniques (advertising, price reduction, etc.) and their compliance with consumer law (misleading or unfair practices);
  • Copyright or trademark protection (counterfeit goods, invalidity, expiry, etc.);
  • Protection and implementation of complex IT projects.
In conjunction with our Corporate, Mergers & Acquisitions, Joint-venture and Private Equity and Management Package teams, we also work in corporate litigation (shareholder disputes, governance, liability guarantees, etc.).

Our added value

The added value we offer our clients is based on the following key ideas:
  • An approach to litigation that is both strategic (to support the development of a business) and open-minded (never ignoring the possibility of an amicable settlement);
  • The ability to coordinate and integrate multidisciplinary teams for complex litigation involving multiple jurisdictions (in commercial, civil, criminal, company and administrative law) and/or international proceedings (in close cooperation with foreign colleagues);
  • In-depth knowledge of case preparation (statements and expert assessments) and summary procedures (application, interim relief, interim order);
  • Detailed knowledge of international judicial mechanisms to resolve conflicts of jurisdiction and conflicts of law, to prepare and issue transnational legal proceedings;
  • Experience of European proceedings (at the ECJ) and international arbitration (ICC and ad hoc bodies);
  • A dedicated, mobile team for each brief/client, with real expertise in the issues they face.

Our awards

Commercial litigation

Strong reputation (2021)

Franchise

Recommended (2021)

Distribution law

Highly recommended (2021)

Antitrust

Highly recommended (2021)

Commercial litigation 

Strong reputation (2020)

Our recent deals

  • Defence of a French laboratory and world leader in its specialist field, against its former Algerian distributor and agent, resulting in two judgments from the Paris Court of Appeal, dismissing their claims for compensation on the grounds of sudden and unlawful termination of their contract

Latest news in business litigation

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