Author Archives: Henry & Bricogne

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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Writing an invoice for a sale or a service is not an insignificant exercise. An article of our firm published by the Commerce Magazine website on March 12, 2020 recalls the mandatory information that must appear on the invoice, two of which were added by Order No. 2019-359 of April 24, 2019.

https://commerce.chefdentreprise.com/Thematique/juridique-1070/Breves/loi-est-plus-exigeante-mentions-obligatoires-facture-347633.htm

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Towards the block exemption for authorised motor vehicle repair contracts?

This question deserves to be asked again. Traditionally, competition authorities consider that each car manufacturer’s share on the market of repair and maintenance of motor vehicles of its brand would be above 30%, which would prohibit authorised car repair contracts to benefit of the block exemption of Regulation 330/2010 dated 20 April 2010. Reassessment of the issue in the light of recent case law and market studies in an article by Xavier Henry published by the Revue Lamy de la Concurrence in its February 2020 issue (RLC 3742 N° 91, p. 38, February 2020).

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The commercial agent has a regulated status that protects him, particularly in the event of termination of the contract. An article by our law firm published by the website chefdentreprise.com on 29 January 2020 sets out the principles governing this activity.

https://www.chefdentreprise.com/Thematique/juridique-1055/Breves/Agent-commercial-statut-protecteur-346350.htm

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In the event of a sudden termination of established commercial relationships, how are the damages to which the victim of the termination is entitled assessed? Elements of answer in an article of our law firm published by the website decision-achats.fr on January 6, 2020.

https://www.decision-achats.fr/Thematique/strategie-achats-1236/Breves/Rupture-brutale-relations-commerciales-quelle-indemnisation-345479.htm

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Publication of an article by our law firm on the Village de la Justice website on December 23, 2019 about the contestation of the existence of know-how by franchisees. Study of the analysis of the Paris Court of Appeal which rejects the claim of the franchisees.

https://www.village-justice.com/articles/contestation-savoir-faire-franchiseur-rejetee-par-cour-appel-paris,33304.html

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