Distribution / Competition / Contracts

Our positioning

We assist and advise French and foreign companies, mainly with regard to settlements relating to their commercial activities.

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 / digital 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 know-how is based on an understanding of each client’s commercial, financial and industrial objectives and how they fit with the regulatory framework, to develop the most efficient contractual arrangements. Our work covers the full spectrum of competition, distribution, consumer and IP/IT law, in connection with:
  • Creation and development of exclusive distribution networks, franchises (or master franchises), selective distribution, brand licensing, commercial agency, brokerage or commission-affiliation arrangements;
  • E-commerce (general terms and conditions of use and sale for online transactions) and its relationship with selective and multi-channel distribution;
  • Preparing and negotiating commercial contracts, with a particular focus on the rules surrounding restrictive practices (sudden breakdown of established commercial relationships and tendering resulting in a significant imbalance) and anti-competitive practices (restraint of trade agreements and abuse of dominant position);
  • Formalisation and negotiation of confidentiality, R&D, joint development, licensing, logistics, production and contract manufacturing agreements for industrial firms, particularly in the pharmaceuticals, food processing and chemicals sectors;
  • Development of commercial and pricing policies, differentiated if necessary, in accordance with price transparency (general, category-specific and special terms and conditions of sale) rules and commercial negotiations;
  • Drafting of IT contracts: development, maintenance, licensing, (PaaS, SaaS, etc.), ERP;
  • Implementation of promotional and marketing techniques (allowances, price reduction, etc.) and their compliance with consumer law (misleading or unfair practices) and advertising/marketing (comparative, native, ambush marketing, etc.) and sponsorship (sponsoring and image rights) strategies.
  • Protection of business secrets, trademarks and creative works and the use, in particular, of intellectual and industrial property rights based on assignment or licensing agreements;
  • Validation of personal data processing (collection, use, subcontracting, export, etc.)

Our added value

The added value we offer our clients is based on the following key ideas:
  • An advice-based approach used as a decision-making tool, followed by negotiations, to implement a commercial or industrial policy;
  • A solutions-oriented approach, outstanding negotiating skills and a clear understanding of economic issues;
  • The ability to coordinate and integrate multidisciplinary project teams for complex (such as joint ventures or consortia) and/or international transactions (in close cooperation with foreign colleagues);
  • In-depth knowledge of international issues and tools, as well as regulated sectors, such as health/pharmaceuticals (princeps, generics, medical devices) or food processing (wines and spirits).
  • Dual expertise in advice and litigation, to form a clear view from the outset of the real risk of court action or renegotiate agreements in a pre-litigation context;
  • A proactive, dedicated, mobile team for each brief/client, with real expertise in the issues they face.

Our awards

Franchise

Recommended (2021)

Distribution law

Highly recommended (2021)

Antitrust

Highly recommended (2021)

Franchise

Renowned practice (2020)

Distribution Law

Strong reputation (2020)

Distribution and restrictive practices

Strong reputation (2018)

Franchising

Established practice (2018)

Our recent deals

Latest news in Competition / Distribution / restrictive practices 

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