Business Law

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 […]

The Law no. 91-593 dated June 25, 1991 transposing the European Union Directive 86/653 EEC of 18 December 1986 is notoriously protective of the status of commercial agent it created. For example, Articles L. 134-1 et seq. of the French Commercial Code (codifying the aforementioned Law) notably grants the agent a virtually automatic right to […]

The recent developments on the interpretation and application of the maximum contractual payment terms effective since January 1, 2009 can be found at the end of this article. The Law for the Modernization of the Economy dated August 4, 2008 (known as the “LME Law“ instituted a ceiling for contractual payment terms agreed between professionals : […]

While exchanges of information are less detrimental to competition and less damageable for the economy than price cartels and allocations of market shares, they can be considered as anticompetitive practices even if the exchanged information does not underpin another prohibited practice and does not directly concern prices. This is the final position adopted by the […]

Following from the publication of its Guidance Paper on its enforcement priorities in applying Article 82 of the EC Treaty on abuse of a dominant market position[1], the European Commission just imposed a fine of 1.06 billion Euros upon Intel Corporation (“Intel”), the world leader in microprocessors, for abusing its dominant market position[2]. The Commission’s […]

On March 2, 2009, the Competition Authority (formerly the Competition Council) issued a procedural notice regarding leniency program “à la française”, which is governed by Articles L.464-2 IV and R.464-5 of the French Commercial Code. Pursuant to Article L.464-2 IV, “immunity from any fine or a reduction of fines may be granted to a company […]