COMPETITION AND DISTRIBUTION
We cover all aspects of competition, distribution and consumer law.
Network organization, distribution contracts and commercial practices
We have real expertise in setting up distribution networks (franchising, commission-based affiliation, authorised dealers, etc.) and central purchasing and listing organisations with their members.
We assist our clients in drawing up distribution contracts:
- Supply contracts,
- Purchase or sale commission agreements,
- Commercial agency and brokerage agreements
- 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 clients on bringing their commercial practices into line with current rules, including before the Commercial Practices Review Board (CEPC), assist them during inspections and investigations by the authorities (DGCCRF, DREETS/DRIEETS) and their follow-up (negotiation of fines or settlements), and defend them in court, including in actions brought by the Minister for the Economy.
We have extensive experience in restrictive trade practices litigation – significant imbalance between the parties’ rights and obligations, advantages obtained without consideration or manifestly disproportionate to it, and abrupt termination of established commercial relationships. 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.
In the insurance sector, we audit and advise on the consumer-facing commercial practices of insurance and social protection groups.
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.