Author Archives: Henry & Bricogne

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”.

https://www.village-justice.com/articles/reforme-des-regles-transparence-dans-les-relations-commerciales-revolution,31552.html

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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.

Revue Lamy de la concurrence, Refus d’agrément d’un distributeur sélectif la cour d’appel en proie aux limites de l’application du droit des ententes n°83 mai 2019 p. 13

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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”.

https://www.village-justice.com/articles/une-vraie-reforme-des-pratiques-restrictives-concurrence-par-xavier-henry-andre,31491.html

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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?

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/Rompre-contrat-objectifs-commerciaux-sont-pas-realises-est-possible-339145.htm

https://www.decision-achats.fr/Thematique/fournisseurs-1235/Breves/Rompre-contrat-objectifs-commerciaux-sont-pas-realises-est-possible-339145.htm#WHW1meYKeG7Bv7wz.97

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The Franchise Magazine website publishes an legal article of our law firm: “Breach of a franchise agreement by the franchisee with the complicity of a franchisor’s competitor: damages due by everybody” (17 April 2019)  

https://www.franchise-magazine.com/expert-franchise/tribunes/avis-expert-contrat-franchise-concurrence-reaffiliation-juridique-avril-2019

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Our law firm is once again listed in 2019 in Best Law Firm ranking established by Décideurs Magazine in Antitrust and Anti-Competitive Practices as well as Distribution Law and Restrictive Practices. It is also this year in the commercial litigation ranking.

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Publication of an article written by Xavier Henry in the legal journal Les Petites Affiches of March 12, 2019 about a judgment rendered by the Court of Appeal of Paris on October 3, 2018 entitled “Franchise Agreement: analysis by the court of Paris of several behaviors and clauses” (LPA 12 March 2019, n ° 51, article n ° 142n8, p.5).

According to a judgment dated 3 October 2018, the Court of Appeal of Paris had to settle a dispute between a franchisor and a franchisee in the field of mass distribution which leads the court to examine several aspects of the franchisor / franchisee relationship such as the franchisee’s economic dependence vis-à-vis its franchisor, the practice of prices between the parties or the post-contractual non-competition clause. The answers given by the court on these various questions make it possible to broaden the legal analysis of relations between franchisors and franchisees and more generally between suppliers and distributors.

Contrat de franchise analyse par la cour d’appel de Paris de quelques comportements et clauses » (LPA 12 mars 2019, n° 51, article n° 142n8, p. 5)

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