Business Law

According to a case-law principle established by the Commercial Chamber of the Cour de Cassation (French Supreme Court of hereinafter “FSC”), a party that suddenly terminates, even partially, an established commercial relationship without prior written notice commensurate with the duration of the business relationship and consistent with the minimum notice period determined by the multi-sector […]

The Commercial Chamber of the Cour de Cassation (French Supreme Court) ruled on several occasions that a claim for termination of an established business relationship[1] is a tort action, regardless of whether the business relationship was based on a series of contracts[2], on a single contract that has been terminated[3], or whether the termination resulted […]

The Law no. 2007-776 of August 4, 2008 on the Modernization of the Economy (called the “LME Law”) created the Autorité de la concurrence or the French Competition Authority (the “FCA”)

Following the first year of operation of the Autorité de la Concurrence (French Competition Authority, hereinafter the “FCA”), it is time to make an assessment and try to indentify the major trends of the decisions it rendered in 2009.

On December 16, 2009, the Autorité de la concurrence (French Competition Authority or hereinafter “Autorité”) published new guidelines on merger control (“Guidelines”) replacing and superseding the previous ones enacted by the French General Directorate for Competition Policy, Consumer Affairs and Fraud Control in 2004 and amended in 2007. These lengthy Guidelines (165 pages) aim at […]

On September 15, 2009, the Cour de Cassation (French Supreme Court) held that “the qualification of established commercial relationships within the meaning of Article L. 442-6, 1, 5e of the French Commercial Code is not conditioned by the existence of a permanent and continuous exchange between the parties and that successive specific one-time contracts may […]