The French law on abusive practices set out in Article L. 442-6 of the Commercial Code has come under considerable criticism over the years. Additions of provisions have led to deep layers of disparate rules many of which have fallen [...]
On 18 November 2013 the KPMG DK companies entered into a merger agreement with the Ernst & Young (EY) companies and withdrew from the cooperation agreement tying them to the international network of independent auditing firms, [...]
The laws on abusive and restrictive practices are particularly developed in France. Title IV of Book IV of the Commercial Code contains over 20 provisions automatically sanctioning certain behaviors even if they have no effect on the [...]
Twenty years ago suppliers who refused to reinstate a terminated distributor still meeting the criteria for approval within their qualitative and/or quantitative selective distribution networks were almost always unsuccessful in the [...]
The Paris Tribunal de commerce has once again expressed its clear and reasoned position on the freedom of qualitative selective distribution network not opt not to approve the candidacy of a former authorized repairer even if it meets [...]
On 24th May 2017, the Paris Court of Appeal issued a ruling that is very worrying for the heads of selective distribution networks. In 2009, Chrysler liquidated its business and transferred the goodwill to FCA France with effect on 1st [...]
On 8 November 2016, the French parliament finally adopted the Law on transparency, the fight against corruption and to the modernization of economic life (“Sapin II”). The text provides adjustments to mechanisms regulating [...]
The Sapin II Law in its anti-corruption and anti-tax fraud provisions laid down the requirement for companies to make public their “practices of transferring profits and tax base to tax haven countries”. The measure was [...]
The decision to clear FNAC/Darty merger (Decision No. 16-DCC-111 of 27 July 2016) represents a significant development in the decision-making practice of the French Competition Authority in the field of merger control. It is also [...]
The Macron Law of 6 August 2015, which was adopted after several months of parliamentary debate and invoking on three occasions Article 49.3 of the Constitution (allowing a government to pass a law without parliament’s approval), [...]
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