ECONOMIC, DISTRIBUTION AND COMPETITION LAW

FLV & Associés Associés has considerable competence in economic law. We advise both French and international private and public companies, on a regular or ad’ hoc basis, in the areas of competition and distribution, under French and European law.

FLV & Associés has acquired specific expertise in certain sectors, such as computer software games, vehicle parts manufacturing, chemical industry, parapharmaceuticals and cosmetics, footwear, fashion and food processing, mass distribution, intervening, depending on the sector concerned, for different actors, and notably for industrial suppliers.

Our know-how enables us to advise and represent clients in the following areas:

Distribution networks


  • legal advice and assistance with the planning and development of all types of distribution networks (concessions, franchises, sales agents, etc.) in France and elsewhere;
  • purchasing or product listing centers;
  • handling of relations and disputes with suppliers and distributors (exclusion from networks, termination of business relationships, resale at a loss).

Commercial practices and pricing


  • drafting of product listing agreements;
  • negotiation and drafting of marketing services agreements;
  • reviewing and drafting of sales terms and conditions (general terms and conditions of sale and/or purchase, price terms);
  • advice and assistance with negotiating annual product listing agreements and marketing services agreements;
  • assistance with relations between suppliers and distributors (including supermarkets);
  • legal advice and, where applicable, representation in connection with listings and de-listings, terminations of business relationships, discriminatory practices and unlawful practices in restraint of trade;
  • assistance in connection with administrative audits, inquiries and investigations by the authorities.

Competition and anti-competitive practices


  • assistance with the negotiation and drafting of specialisation, horizontal and vertical cooperation, and research and development agreements (where applicable under joint ventures or through the setting up of jointly-owned subsidiaries);
  • assessments of legal risks in the area of competition law (anti-competitive agreements, abuse of a dominant position, merger controls) arising from a company’s ordinary business or in connection with acquisitions or business combinations (mergers, consolidations, reorganisations or the formation of joint subsidiaries);
  • assistance with business structures of all types, in addition to and in liaison with lawyers providing advice on company and securities law;
  • assistance with notification procedures;
  • assistance in connection with administrative audits, inquiries and investigations by the authorities;
  • assistance to clients in proceedings before the competition jurisdictions, including the Competition Council (Conseil de la Concurrence), or with “commitment” settlement procedures (procédures d’engagements).

Sales / marketing / advertising and promotion


  • assistance and advice with the implementation and review of promotional practices (sales with bonuses, promotional campaigns, etc.);
  • advice and assistance with advertising;
  • product labelling;
  • advice and assistance with product certifications and approvals;
  • litigation concerning product certifications and approvals;
  • litigation concerning marketing and promotion;
  • assistance in connection with administrative audits and inquiries by the authorities pertaining to marketing and promotion, product approvals and labelling.
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