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Competition and distribution law is relevant at all stages of a companys life, at the time it is formed, when deciding the legal structure it will use to offer its products and services and, if required, during legal action.
This area of the law evolves constantly, continually generating new issues, such as internet sales or the termination of commercial relations, whether or not established contractually.
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This area of the law requires a solid understanding of a business needs and of the market in which it operates. For example, merely drafting a contract is not enough; it must be appropriate to the particular business and provide it effective protection, while being as uncomplicated as possible. Therefore, it is crucial to understand the business in its French and international settings.
LMBE has substantial experience in this field, associating solid legal expertise with practical knowledge. This experience is complemented by the fact that in the field of competition and distribution law LMBE offers legal advice to clients and handles litigation on their behalf, before the competition authorities as well as the courts.
LMBE represents both major groups and SMEs operating in a wide range of economic sectors, and constantly strives to provide its clients with proactive, responsive and pragmatic services.
EXPERTISE AND EXPERIENCE:
The scope of competition and distribution law is particularly broad, encompassing areas such as notification of concentration transactions, contract law relevant to the distribution of products and services, the law of restraints of trade and abuse of dominant position, the law concerning restrictive practices (discriminatory practices, termination of commercial relations, abuse of economic dependency, invoicing rules, selling at a loss, etc.), but also consumer law, unfair competition, parasiting, deceptive advertising, fraud, etc.
LMBE covers all of these aspects, both providing legal advice to clients and handling litigation, with particular experience in the following fields:
Negotiation and drafting of all commercial contracts (exclusive distribution agreements, selective distribution agreements, franchise agreements, sales agent agreements, commission agent agreements, internet distribution agreements, non-compete agreements, limitation or waiver of liability clauses)
Disputes concerning the performance or termination of distribution agreements and all litigation involving distribution agreements
Legal advice and handling of disputes concerning restraint of trade and abuse of dominant position claims before the French Competition Council and before the competent courts in matters raising issues of competition law (proceedings on the merits, protective measures, commitment procedures, etc.)
Legal advice and handling of disputes concerning restrictive practices, in particular issues of discriminatory practices, termination of commercial relations, abuse of economic dependency, invoicing rules, selling at a loss, etc.
Legal advice and handling of disputes in the field of unfair competition (interference with distribution systems, hiring away employees, product imitation, etc.), as well as in the field of advertising (deceptive advertising and comparative advertising)
Legal advice and assistance in the field of concentrations
PARTNERS:
Jeanne-Marie HENRIOT-BELLARGENT
Yann LE DOUARIN
Stéphanie BLAREZ
