In an opinion dated September 21, 2017 and released in early November, the Commission d’examen des pratiques commerciales (Commercial Practices Review Committee, hereinafter the “CEPC”)[1] ruled on the lawfulness of the payment of year-end rebates provided for in an annual agreement between a supplier and a distributor whereas the requirements applicable for such payment were […]
In a decision dated June 21, 2017[1], the Cour de Cassation (French Supreme Court) ruled that the termination of a distribution agreement during the contractual trial period could not be considered as abusive. It follows from this decision that the parties are free to include in a distribution agreement a trial period during which each […]
On February 23, 2016, the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (General Directorate for Competition, Consumer Protection and Frauds, hereinafter “DGCCRF”) released it 2016 activity report. In this report, the DGCCRF – which monitors the proper operation of the markets to the benefit of consumers and businesses […]
“Appearances can be true” according to French poet Eugene Guillevic. In a decision dated February 3, 2015, the Cour de Cassation (French Supreme Court) endorsed this oxymoron by ruling that a parent company that interferes in the commercial relationship of one of its subsidiaries, thereby suggesting that it has substituted itself for the latter in […]
The Pinal Law significantly amends the rules governing commercial leases and provide for a number of strong measures, among which limiting rent increases, restricting circumstances where a tenant can waive its right to terminate the lease every three years, imposing more transparency in favor of tenants, and granting to tenants a right of first refusal […]