E-newsletter  -  October 2017

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New Technologies
Digital platforms: New provisions on the obligation to provide information to consumers

Geoffroy Lacroix

With a view to tightening digital platforms’ transparency and loyalty towards consumers, three Decrees published on September 29, 2017 have clarified the information requirements imposed on the operators of such platforms.

Some of the measures introduced by the Decrees must be implemented by January 1, 2018.

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Banking & Finance
A new legal framework for debt financing

Catherine Nommick

In the wake of the wave of modernization and transparency of the French economic life triggered by the so-called “Sapin II” Law, in particular as regards the financing of the economy, Ordinance n°2017-1432 of October 4, 2017 reshapes the legal framework for asset management and debt financing.

The objective is to respond to businesses’ needs for a more diverse set of funding sources, while ensuring investor protection.

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

Stéphanie Yavordios

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 Supreme Court) softened its stance by recognizing suppliers who have a selective distribution network the right to impose on their distributors – subject to conditions – contractual terms prohibiting them from selling products on unauthorized online sale platforms.

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Traffickers involved in an international trafficking of phytopharmaceutical products convicted by the Criminal Court of Marseille

After several years of investigation, the French Justice System managed to dismantle an international trafficking of phytopharmaceutical products, a case described by Public Prosecutor Franck Lagier as the “first major case” of this type adjudicated in France. On October 18, 2017, the Criminal Court of Marseille sentenced the defendants to serve suspended prison terms (from 1 to 4 years) and to pay fines (from 10,000 to 175,000 euros), and awarded damages to phytopharmaceutical companies that fell victim to the fraud, including 661,486.01 euros to BASF FRANCE SAS.

BASF FRANCE SAS was defended by Jean-Luc Soulier and Justine Cheytion.

Read more on the decision of the Criminal Court of Marseille

Firm News
Soulier AARPI recommended by the Legal 500 Paris, Legal 500 EMEA and Décideurs Magazine (Group Leaders League)

We are pleased to announce that we are again recommended by the Legal 500 Paris and Legal 500 EMEA 2017-2018 in the following practices areas:

Environment: The team (…) offers “high responsiveness and constant availability and [acts with] great efficiency and simplicity”. The firm assists many foreign leaders in the chemical and phytopharmaceutical industries. Its handles inter alia REACH-related issues and assists clients in the launch of new products (…). Jean-Luc Soulier is recommended.

Dispute resolution: Soulier AARPI provides “excellent quality work”. The team (…) which is “highly proactive and fully committed” represents and defends numerous industrial groups in commercial and industrial disputes. The practice grows under the leadership of Jean-Luc Soulier and André Soulier who is “expert” and “tenacious”.

Soulier AARPI is also recommended by Décideurs Magazine (Group Leaders League) in its 2017 rankings of Best Law Firms in France for the following practice areas:

Mergers & Acquisitions: Renowned Practice

Reorganization, Restructuring, Redundancy Plans & Collective Disputes: Valuable Practice

Private Equity – Tax Advice LBO: Renowned Practice

Experts’ contributions
Doing Business in Italy

We are pleased to publish this month a contribution entitled Doing Business in Italy, authored by Gianni, Origoni, Grippo, Cappelli & Partners, a leading independent international law firm headquartered in Italy.

A legal guide that addresses the broad range of issues related to doing business is an ambitious project: Gianni, Origoni, Grippo, Cappelli & Partners’ intent is to highlight the most commonly encountered issues and provide readers with the keys to understand them.

This guide has been written by a team of lawyers, all experts in their field, in an attempt to meet the increasing demand for information and facts regarding all aspects of doing business in Italy.

This publication also reflects Gianni, Origoni, Grippo, Cappelli & Partners’ commitment and drive in the continuous development of know-how, enabling it to keep its clients abreast of all major legal changes which may affect their interest.

Read the contribution

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