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Business Law

30 May 2018 | Soulier Avocats

Reform of French contract law – Ratification Law published on April 21, 2018: Main changes impacting business law

While it did not drastically alter the changes brought about by Ordinance n° 2016-131 of February 10, 2016, the Ratification Law n° 2018-287 of April 20, 2018 did modify some aspects of French contract law and introduced a distinction between substantive amendments that will become effective as from the entry into force of the Ratification […]

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30 January 2018 | Soulier Avocats

Handbook on the new transparency and fairness requirements imposed on operators of digital platforms since January 1, 2018

Two of the three Decrees adopted on September 29, 2017 in furtherance of the Law for a digital Republic came into force on January 1, 2018. This provides the opportunity to recall the new transparency and fairness requirements imposed on operators of digital platforms. Since January 1, 2018 new requirements apply to some websites, as […]

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22 December 2017 | Soulier Avocats

Action for damages for breach of an established business relationship brought in the context of an intra-EU dispute: Action in tort or action in contract?

The action for damages for breach of an established business relationship brought in the context of an intra-EU dispute is not an action in tort if a tacit contractual relationship existed between the parties. This is the principle laid down by the Cour de Cassation (French Supreme Court) in a decision dated September 20, 2017. […]

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29 November 2017 | Soulier Avocats

Opinion of the CEPC on the payment of year-end rebates

In an opinion dated September 21, 2017 and released in early November, the Commission d’examen des pratiques commerciales (Commercial Practices Review Committee, hereinafter the “CEPC”)[1] ruled on the lawfulness of the payment of year-end rebates provided for in an annual agreement between a supplier and a distributor whereas the requirements applicable for such payment were […]

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30 October 2017 | Soulier Avocats

Selective distribution: Recognition of the rights of suppliers to prohibit the sale of their products on marketplaces

The validity of clauses imposed by suppliers on their authorized distributors prohibiting the online sale of their products has given rise to numerous disputes in recent years. French and EC courts generally hold that such clauses are invalid because they restrict competition. Yet, in a decision dated September 13, 2017, the Cour de Cassation (French […]

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