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French Commercial Code

BCLP

Vendor Due Diligence and Criminal Liability of the Acquiring Company

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The acquiring company, whatever its form, may be held criminally liable for acts committed by the acquired company prior to the merger. In a judgment of 22 May 2024, published in the Bulletin and in the Lettres de...more

BCLP

Paris Litigation Gazette - Issue 5 - February 2024

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On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more

Latham & Watkins LLP

French Court Reaches Precedent Decision on the Duty of Vigilance Law

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The Paris Judicial Court handed down the first ruling on the legal compliance of a vigilance plan. On 15 January 2024, the Paris Court of Appeal announced the creation of a chamber dedicated to emerging litigation, in...more

Latham & Watkins LLP

France Transposes Corporate Sustainability Reporting Directive Into Law

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As the first EU country to transpose the CSRD into national law, France will gradually replace the EFPD with sustainability reporting under the new directive. The Corporate Sustainability Reporting Directive (the CSRD)...more

K&L Gates LLP

Commercial Leases - First Semester 2023 Case Laws Digest

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Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions...more

Hogan Lovells

The DGCCRF can now accompany its injunctions to comply with French Consumer Law with daily penalties

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Since 11 June 2023, the French Directorate General in charge of Competition, Consumer Affairs and Fraud Control (“DGCCRF”) can accompany its injunctions to comply with certain provisions of the French Consumer Code with daily...more

BCLP

Paris Litigation Gazette Issue 2 - March 2023

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Welcome to the Litigation Gazette. Each quarter, BCLP's Paris team will keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance....more

Hogan Lovells

Exclusion clauses in French SAS in line with the Constitution

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In a dispute relating to the exclusion procedure provided for in the articles of association of a French SAS, two useful clarifications have been made in the wake of the amendments made by Law Soilihi No. 2019-744 of July 19,...more

BCLP

Differentiated general terms and conditions of sale

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Distribution: In two rulings issued on 28 September 2022, the French Supreme Court clarified the conditions under which suppliers can be held liable for failure to comply with their duty to communicate - Article L.441-1...more

McDermott Will & Emery

Concentration en France : L’autorité De La Concurrence Rappelle Avec Force Qu’anticiper N’est Pas Jouer

McDermott Will & Emery on

Par une décision en date du 12 avril 2022, l’Autorité de la concurrence (l’« Autorité ») a sanctionné la Compagnie Financière Européenne de Prises de Participation (la « Cofepp ») à hauteur de 7 millions d’euros, pour avoir...more

Kramer Levin Naftalis & Frankel LLP

Cour de Cassation Validates the Refusal by the Head of a Selective Distribution Network to Approve as Authorized Dealer a Retailer...

In decision n° 20-11.754 of Feb. 16, 2022, the commercial chamber of the French Supreme Court (Cour de cassation) decided that the head of a qualitative selective distribution network is entitled to refuse to approve...more

K&L Gates LLP

The French Competition Authority Self-Referral for an Opinion on the Cloud-Computing Sector

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During his January 2022 hearing before France’s National Assembly, the newly appointed chairman of the French competition authority (AdlC), Benoit Coeuré, stated that the digital sector would be one of the principal subject...more

Kramer Levin Naftalis & Frankel LLP

Négociation annuelle 2022 – Réduire et maîtriser les pénalités logistiques dans les conventions écrites

Depuis début décembre, acheteurs et vendeurs sont entrés dans les « boxes » des négociations afin de finaliser avant le 1er mars les conventions régissant leurs relations commerciales pour l’année 2022. Au cœur des...more

Hogan Lovells

Only civil courts can hear Duty of Vigilance disputes, says the French Supreme Court

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On December 2021, the French Supreme Court acknowledged the jurisdiction of the Nanterre Civil Court in a duty of vigilance matter. On 15 Background The Duty of Vigilance for parent companies was introduced into the French...more

Kramer Levin Naftalis & Frankel LLP

Contractual Tensions in the Context of Post-COVID Economic Recovery: Legal Tools and Guidelines

After a year and a half of a global pandemic, INSEE (French National Institute of Statistics and Economic Studies) announced on Sept. 7 a forecast growth of 6.25% of French GDP, thanks in particular to household consumption. ...more

BCLP

Competition and Distribution Law Newsletter - Paris - September 2021

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Antitrust: The French Competition Authority revises its procedural notice on fines, substantially amending the method for determining fines and exposing companies to significant and increased financial risks. On 30 July...more

BCLP

Transposition of the ECN+ Directive Overview of the new developments in competition law

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Order No. 2021-649 of May 26, 2021 (the "Order") finalizes the transposition into French law of the European Directive so-called "ECN +" of December 11, 2018, which aims to strengthen the powers of national competition...more

Morgan Lewis

What to Know When Terminating Contracts Governed by French Law or Involving French Parties

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Article L. 442-1 II of the French Commercial Code, implemented in 1996 (and recently modified), prohibits the sudden termination of an established business relationship. This provision aims to give the terminated party...more

Jones Day

France Lowers Threshold Triggering FDI Screening Mechanism for Listed Companies to 10%

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The lowered threshold for foreign direct investments into France will apply to non-EU and non-EEA investors or to any investor fiscally domiciled outside the European Union and European Economic Area. On July 23, 2020,...more

Jones Day

French Court Rules on Corporate Liability for Criminal Acts Committed by Executive

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The Situation: A chief executive officer in France convicted of misusing corporate assets, and required to pay damages plus interest to the victim of his offense, sued to force the company to reimburse him for this amount, on...more

Kramer Levin Naftalis & Frankel LLP

The French Competition Authority Can Now Be Notified Online of Concentrations

For concentrations meeting the conditions set forth in Article L. 430-2 of the French Commercial Code, a notification to the French Competition Authority (Autorité de la concurrence) is mandatory. To facilitate merger control...more

Kramer Levin Naftalis & Frankel LLP

Relazioni commerciali fra imprese in Francia : le novità in materia di negoziazione introdotte dalla legge EGalim

Con l’inizio delle negoziazioni commerciali, bisogna tener presente che le novità introdotte dalla c.d. legge EGalim (n° 2018-938 del 30 ottobre 2018) per l’equilibrio delle relazioni commerciali nel settore alimentare e...more

BCLP

An Additional Step towards the Modernization of Control of Mergers in France

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Decree No. 2019-339 of 18 April 2019 (the “Decree”), simplifying formalities for the notification of a prospective concentration operation, including mergers and acquisitions, to the French Competition Authority (“FCA”), was...more

Kramer Levin Naftalis & Frankel LLP

Relations commerciales entre professionnels : ce qui change dès le 26 avril 2019

L’ordonnance n°2019-359, adoptée le 24 avril 2019, vient préciser les changements du titre IV du livre IV du Code de commerce voulus par la loi n° 2018-938 du 30 octobre 2018 dite Loi EGalim. ...more

BCLP

France publishes a Decree implementing the Law on Trade Secrets

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On 11 December 2018, the French Government published an implementing Decree No. 2018-1126 that clarified the conditions for the implementation of the new general protection scheme with respect to trade secrets introduced by...more

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