Few pictures of our presentation for Campus Avocats on July 5, 2019 in the Maison de la Chimie in Paris on the theme “Unbalanced clauses in commercial contracts (Article L. 442-1, I, 2° of the French Commercial Code): inventory of the situation and prospects after the reform of 24 April 2019“.
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The French Competition Authority can enter the premises of companies without warning and seize documents on all media for several hours or even days. Knowing its rights in this kind of situation is essential. Review of the rights of companies in an article of our law firm published by the website chefdentreprise.com
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Letter n° 12 – Current economic law – April / May 2019 –Newsletter of the law firm Henry & Bricogne.
This newsletter presents a selection of the legislation and case law in economic law (April / May 2019).
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In its June issue 2019, the Revue de Jurisprudence de Droit des Affaires (RJDA) publishes a legal article written by Xavier Henry entitled “price control by the judge based on the prohibition of submission to a significant imbalance between the parties: Much ado about nothing ?”
On November 30, 2018, the French Constitutional Council (Conseil constitutionnel) declared that the interpretation of the French Supreme Court (Cour de Cassation) regarding Article L. 442-6, I, 2° (now Article L. 442-1, 2°) of the French Commercial Code that the judge is entitled to control the price agreed by the parties was in accordance with the French Constitution. If this control does not appear so surprising since it is not new under French law, its implementation seems delicate so that the judicial challenge of the price should be exceptional. Moreover, if the Order dated 24 April 2019, which amends ex-article L 442-6, I-2°, will not be of any help on the implementation of the control issue, it could nevertheless broaden the judge’s right to control the price.
Contrôle du prix par le juge – beaucoup de bruit pour rien – RJDA 06 19 p. 523
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As every year, the Paris Bar organizes at the beginning of the summer a week of training for Paris Bar’s lawyers. These trainings are provided by lawyers, law professors, in-house lawyers, …
Our firm was selected to provide on July 5, 2019 at 16:45 at the Maison de la Chimie in Paris a training course entitled “Unbalanced clauses in commercial contracts (Article L. 442-1, I, 2 ° of the Commercial Code): inventory of the situation and prospects after the reform of 24 April 2019 “. The following link allows to register.
https://evenium-site.com/site/campus-2019/793422;jsessionid=L62IuxRETSJk8WZwJsf0S56T.gl3?pg=793422
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Inventory of the administrative fines imposed in 2018 and at the beginning of 2019 in case of payments exceeding legal deadlines through an legal article of our firm published on the websites decision-achats.fr and chefdentreprise.com entitled: “payment exceeding deadlines: fines increase”.
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Order n° 2018-359 dated 24 April 2019 amends the provisions of Title IV of Book IV of the French Commercial Code, particularly the provisions concerning transparency in commercial negotiation. Without revolutionizing the subject, the reform brings new provisions that it is important to know. Review of the “new” transparency resulting from the order n° 2018-359 dated 24 April 2019 in a legal article published on 21 May 2019 by our firm on the Village de la Justice website entitled “Reform of the rules of the transparency in the commercial relations: the revolution will wait”.
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Publication of a legal article by Xavier Henry co-written with his Colleague Emmanuel Dieny in the Revue Lamy de la concurrence entitled “Refusal of approval of a selective distributor: the Court of Appeal of Paris in front of the limits of the antitrust law”(RLC 3572, No. 83 May 2019, p.13).
In a few months, the Court of Appeal of Paris has rendered several decisions about the refusal of approval by car manufacturers to candidates who wanted to become or remain authorized repairers (selective distribution). Under this astonishing concentration of decisions, the Court of Appeal had to rule on a question which had not been submitted to it for a long time, i.e. whether a refusal to contract was an agreement in the sense of Article 101 (1), TFEU and 420-1 of the French Commercial Code (antitrust law) or if it was an unilateral act. The Court replied that it was an agreement that could be an anti-competitive agreement in the event of an anti-competitive object or effect. This position, which applies to all selective distribution and not only to automobile distribution, is questionable regarding the principles.
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Order No. 2018-359 dated 24 April 2019 amends the provisions of Title IV of Book IV of the French Commercial Code, and in particular the provisions concerning restrictive practices. These are largely rewritten. Presentation of these important changes in an article published on May 15, 2019 by our law firm on the website of the Village de la Justice entitled “A real reform of restrictive practices of competition”.
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The websites decision-achats.fr and chefdentreprise.com publish an legal article written by our firm entitled “Terminating a contract if the commercial targets are not met, is it possible?
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