Contracts and contractual techniques

Advice on and optimization of contract organization, contract negotiation, drafting, execution, follow-up, and termination, in particular for the following contracts:

• Supply 
• General terms and conditions
• Subcontracting
• Partnership
• Cooperation
• Distribution in the audiovisual and communication field
• Commercial agency
• Equipment hire
• Rental
• Sales 
• Advertising
• Licensing
• Integration
• Sui generis contracts
  

Advice and consultancy

Litigation (breach of contract, negligence, evaluation of damages, enforcement, application for revision of terms, e.g. price contesting, null or void contract)

Audits and due diligence

Competition


Assisting in the setting up of a transparent billing policy

• General terms and conditions of purchase
• General terms and conditions of sale
• Commercial cooperation agreement
• Référencements (agreements to have access to supply chains)
• Invoicing, payment terms
  
  

Counsel and assistance in the field of restrictive practices (in particular sales at loss, price fixing, discriminatory practices, refusal of sale or services, abuse of dependence, withdrawal from sale, breach of contract without notice).

 Counsel and assistance regarding competition:

• forbidden by law
• forbidden by contract
• relationships with regulatory bodies and the Competition Authority
• imposition of fixed prices
  

 Counsel and assistance regarding unfair competition
(notably in terms of interference and denigration):

• “Passing off”

 Assistance within the framework of competition control:

• Abuse of dominant position, cartels
• Abuse of monopoly

Distribution / Consumption

 Consulting and assistance relative to:

- Sales practices

• Distance selling
• Catalogue sales
• Advertising regulation
• Door-to-door sales
• Trade fairs and exhibitions
• Sales promotions (price reduction, coupons, free gifts, lotteries, competitions, direct marketing)
• Databases and computer-based operations
• Sales, liquidation sales
• Claims of marketing abuse
• Forced sales, bundled goods

- Products regulation

• Products liability
• Labeling
• Respect for the French language
• Norms, labels and certifications
• Fraud and false labeling

- Distribution networks

• Drafting of contracts and follow-up

• Anti-competitive practices
• Pricing practices
• Discrimination
• Agreements
• Investigations carried out by the French agency in charge of anti-competitive practices (DGCCRF)
• Commercial cooperation
• Basics of contract law