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Competition, Regulation and Distribution Law

The Competition, Regulation and Distribution Law department provides both advisory and litigation services.

Competition law

The team has recognized expertise in competition law, both in legal counsel and litigation at the French and European level:

  • Anti-competitive practices: The team advises clients on horizontal and vertical cartel issues, as well as in cases of abuse of dominant position, notably in regulated sectors. The team assists clients in the event of dawn raids and represents them before the Competition Authority.

The team also conducts internal audits and analyses the anti-competitive risks to which clients are exposed. 

  • Merger controls: The team regularly assists with the negotiation, notification and monitoring of merger operations to national or European authorities, as well as in contentious matters against merger decisions.
  • The team can also support clients in multi-jurisdictional proceedings through an efficient network. 
  • The team assists clients in the implementation and development of competition law compliance programs (internal training, awareness of information exchange, dawn raids simulations).
  • State aid: The team advises its clients on state aid and assists them in their litigation before the European and domestic jurisdictions. The team works closely with the Public Law department. 

  • Litigation: The team acts on behalf of its clients before local and European competition authorities (Competition Authority, DGCCRF, European Commission) and courts having jurisdiction in matters involving competition law (specialised tribunals and courts of appeal, Council of State, EUPT, ECJ). The team has extensive experience in compensation litigation (follow-on or stand-alone actions) and has a group dedicated to studying the introduction of such litigation following a company's conviction for anti-competitive practices, particularly at the European level.


Regulation

The team also has extensive experience in proceedings before regulatory authorities, including the Autorité de Régulation des Communications Electroniques et des Postes (ARCEP), the Commission de Régulation de l'Energie (CRE), the Conseil Supérieur de l'Audiovisuel (CSA), the Commission Nationale de l'Informatique et des Libertés (CNIL), and the Autorité de Régulation des Transports (ART).

The team assists its clients in monitoring the regulatory framework applicable to the various regulated sectors and the evolution of pricing practices and regulations.

The team assists its clients in the negotiation of agreements (purchase and supply contracts, partnership contracts) and in the organization of networks.


Distribution law

The team assists its clients with all their distribution issues, both in legal counsel and in litigation: 

  • Design, implementation and management of distribution networks: The team advises its clients on the organization of their networks (selective and exclusive distribution, franchising, concessions, commercial agents, brokerage, licensing, etc.)
  • Assistance in the contractual life of the networks: The team is involved in the negotiation and drafting of commercial contracts, compliance of documents, etc.
  • Assistance during annual negotiations: The team assists its clients with the preparation of the General Terms and Conditions, invoicing, single agreements, etc.
  • Litigation: The team advises and represents its clients before commercial and specialised courts in disputes between suppliers and distributors, as well as in disputes related to the design, implementation, management and contractual life of distribution networks.

Economic law

The team assists its clients in all their problems related to economic law, both in legal counsel and in litigation: 

  • Unfair competition, parasitism, denigration, disorganisation: The team advises its clients on these issues.
  • Competition restrictive practices: The team assists and represents its clients in litigation relating to the sudden termination of established commercial relations, significant imbalance, dereferencing, etc.
  • Electronic commerce: The team assists its clients on issues regarding market place, compliance with e-commerce provisions, general conditions of use, mandatory information, right of withdrawal, etc.
  • Misleading advertising and sales promotion: The team assists its clients with issues relating to promotions, sales and misleading advertising.
  • Consumer law: The team is also able to advise clients in consumer law matters.
  • Assistance with DGCCRF and DDPP inspections: The team assists its clients in the context of various inspections both locally and nationally.
  • Product regulation and labelling: The team advises its clients on product regulation and labelling. 
  • Litigation: The team advises and represents its clients before commercial courts, administrative tribunals and specialized courts