Legal Insights

28 September 2016

Publication of the European Commission’s preliminary report on the e-commerce sector inquiry: Identification of the main business practices that restrict competition

The European Commission has just released its preliminary report (the “Report”) on the e-commerce sector inquiry it had launched in 2015. This inquiry is part of the European Commission’s strategy to create a digital single market. It is intended to provide an overview of the major trends in European e-commerce markets and to identify trade […]

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29 August 2016

After crowdfunding, loans between companies as a new way of facilitating the funding of businesses

In order to remedy the growing reluctance of banks to extend credit to micro-companies, small- and medium-sized businesses and so called entreprises de taille intermédiaire, i.e. literally intermediate-sized companies, the Law on growth, economic activity and equality of economic opportunity, commonly known as the “Macron Law”, has created a new exception to the French banking […]

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28 June 2016

The breakdown of negotiations for the sale of a business going concern is not abusive wherever the parties have not yet agreed on the sale price

On February 16, 2016, the Commercial Chamber of the Cour de Cassation (French Supreme Court) handed down an interesting decision[1] concerning the abusive breakdown of negotiations. This decision, which is consistent with the line of decisions rendered on that subject, brings additional clarification about the breakdown of on-going negotiations for the sale of a business […]

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28 June 2016

General terms that have not been accepted are unenforceable

In a judgment dated May 3, 2016[1], the Court of Appeals of Versailles provided a new illustration of a long established case-law according to which the general terms of a party are contractually binding only if they have been accepted, at the time the contract was formed, by the party against whom such terms are […]

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