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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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