COMPETITION AND DISTRIBUTION
We cover all aspects of competition, distribution and consumer law.
Network organization, distribution contracts and commercial practices
We have genuine expertise in setting up distribution networks (franchises, commission-based affiliation (“commission affiliations”), authorized resellers, etc.), central purchasing organisations or referencing networks with their affiliates.
We assist our clients in drawing up distribution contracts:
- Supply contracts,
- Commission contracts for purchase of sale,
- commercial agent and broker contracts
- Trademark and design licensing agreements.
To enable our French and foreign corporate clients to focus on their core business, LERINS assists them at all stages of their activities requiring legal and judicial expertise, whether in reviewing general or specific terms and conditions of sale, negotiating commercial agreements, or in pre-conflict or conflict situations, assessing risks, seeking amicable solutions or taking legal action.
We also advise our clients on how to bring their commercial practices into compliance with current regulations, in particular with the Commission d’examen des pratiques commerciales (CEPC), assist them with administrative inspections and investigations (DGCCRF, DIRECCTE, DRIEETS) and their possible administrative consequences (negotiation of fines or settlements), provide them with legal defense (on the action of the Minister of the Economy).
We have extensive experience in litigating restrictive competition practices, whether these involve a significant imbalance between the rights and obligations of the parties, an advantage without consideration or with insufficient consideration, or the abrupt termination of established commercial relations. We represent our clients before civil, commercial or criminal courts.
Competition and restrictive practices litigation
We also assist our clients in matters relating to anti-competitive practices, to prevent them from incurring heavy financial penalties by setting up charters or programs for compliance with competition law, as well as internal rules of good conduct, or by assisting and advising them in the event of competition litigation, during seizures and searches of their premises, as part of DGCCRF investigations, and before the French Competition Authority and specialized courts.
Significant sector expertise
In addition, we have developed particular expertise in the distribution of healthcare products, notably in reorganizing distribution schemes and combating parallel trade.
Similarly, in the insurance sector, we carry out audit and provide advice on the commercial practices of insurance and social protection groups with regard to consumers.
We also assist distribution professionals (manufacturers and retail chains) in a wide range of sectors, including perfumes and cosmetics, the food industry, home furnishings and equipment, fashion and clothing accessories.