Author Archives: Henry & Bricogne

As last year, André Bricogne and Xavier Henry will be speaking at Campus Paris 2020 (training course for lawyers) on 7 July 2020 at 2 pm on the topic “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”. This year, Campus is digital. Registration is open.

https://www.avocatcampus.org/calendrier/zoomsession.htm?zoom=de5fb399-fcaa-ea11-80f0-005056ae0696

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What are the possibilities for a company to bring an action when another company copies its products or the presentation of its products, its name or its advertising? An action based on economic parasitism may be the solution. Presentation of the principles and consequences of economic parasitism through an article written by our firm published by the website https://artisans.chefdentreprise.com on June 26, 2020.

https://artisans.chefdentreprise.com/Thematique/juridique-1062/Breves/Comment-lutter-contre-parasites-commerciaux-350437.htm

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Our law firm is listed in the ranking “The best law firms in 2020” established by the magazine Le Point (n° 2496, June 25, 2020) in the category of commercial, business and competition law.

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The credit management magazine, Fonction Crédit, publishes an article by our firm in its No. 79 (p. 34): does the state of health emergency exempt one from paying one’s creditors?

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Is resale at a loss still prohibited in France? The answer is yes.

Even though the law has been amended in recent years, resale at a loss is still prohibited, with a few exceptions. However, European legislation raises the question of the validity of the French ban on resale at loss to consumers. Examination of the outlines of this prohibition in an article of our firm published by the website chefdentreprise.com on May 29, 2020.

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/revente-perte-est-elle-toujours-interdite-348114.htm

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Does the coronavirus give permission not to pay its creditors?

Even if Covid-19 was a case of force majeure, debtors could not invoke it as a reason for not paying their creditors who had performed their part of the contract. However, the debtors are not powerless to defer payment of the sums due because of the sanitary crisis. Read our Firm’s article on this subject published on the decision-achats.fr website.

https://www.decision-achats.fr/thematique/strategie-achats-1236/breves/coronavirus-donne-permission-pas-payer-ses-creanciers-348737.htm

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Publication of an article written by our law firm in the legal journal Dalloz Actualité Juridique Contrat of March 2020 “Automotive distribution: review of significant case law for the year 2019 ” (Dalloz AJ Contrat, March 2020 n° 3, p. 139).

The 2019 case law year for automotive distribution was particularly interesting. Indeed, with regard to the refusal to contract with authorized repairers, vertical anti-competitive practices has been thoroughly reviewed (agreement, restrictions, market). Moreover, the use of good faith to challenge a refusal to contract has been limited. The Paris Court of Appeal has also handed down an interesting decision concerning the submission of a distributor to a significant imbalance. Automotive distribution has thus made an interesting contribution to the legal discussion (the solutions of which also apply to other distribution sectors).

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Our law firm is once again listed in 2020 in Best Law Firm ranking established by Décideurs Magazine in antitrust and anti-competitive practices as well as distribution law and restrictive practices and commercial litigation.

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