Annual commercial negotiations: is article L. 441-3 of the French Commercial Code contrary to EU law?

In France, the Commercial Code (hereinafter, the "Commercial Code") requires suppliers and distributors of products (or service providers) to sign a written agreement (hereinafter, the "Single Agreement") before March 1 of the year in which it takes effect (hereinafter, the "Legal Deadline"), and to renew it periodically on the same date.

Created by the 2008 French Law on the Modernization of the Economy, this obligation aims to preserve the fairness and balance of commercial relations and prevent the abuse of economic power by parties in a position of strength, historically the players in mass retailing.

While the material scope of these provisions of the French Commercial Code (supplier-distributor relations) was defined from the outset, the question of their spatial scope, outside the territory of the French Republic, gave rise to debate.

Aurelie DellacMay 21, 2025ANNUAL SALES NEGOTIATIONS, INTERNATIONAL

The ban on online sales within a selective distribution network constitutes a hardcore restriction of competition.

In a decision dated December 19, 2023, the French Competition Authority fined the ROLEX group 91.6 million euros for prohibiting its authorized distributors from reselling its watches online for more than 10 years.

Competition lawAurelie DellacDecember 20, 2023Competition law, selective distribution

Anti-inflation law: accelerated timetable for annual trade negotiations

The draft law on emergency measures to combat inflation in FMCG products has been adopted and published in the French Official Journal on November 17, 2023.

The changes to the annual commercial negotiations calendar are applicable to all agreements concerning FMCG products marketed on French territory between any distributor operating a predominantly food retailing business (excluding DROM-COM) and any FMCG supplier.

Distribution law, Commercial contractsAurelie DellacNovember 21, 2023trade negotiations, Consumer goods

Logistics penalties: new DGCCRF guidelines

Following the adoption of the March 30, 2023 law aimed at strengthening the balance in commercial relations between suppliers and distributors, the DGCCRF is updating its guidelines on logistics penalties.

Commercial contracts, Distribution lawAurelie DellacSeptember 21, 2023supplier-distributor relations

Exclusivity clauses in distribution contracts: when can they be considered abusive?

Abuse of dominance / Exclusivity clauses

The Court of Justice of the European Union (CJEU) confirms that abusive conduct by distributors forming part of the distribution network of a producer in a dominant position can be imputed to the latter under article 102 TFEU if it is established that such conduct was not adopted independently by the distributors, but form part of a unilateral commercial policy of the producer implemented though the distributors.

Aurelie DellacMarch 14, 2023Competition law, distribution

Distributors: is resale possible without the supplier's agreement?

Many entrepreneurs who want to start distributing branded products wonder whether it is necessary to obtain the agreement of the brand owner (the supplier) and to enter into a distribution contract.

The answer to this question depends on the nature of the product and the distribution method chosen by the supplier.

Commercial contracts, Competition law, Distribution lawAurelie DellacNovember 4, 2022Commercial contracts, Competition lawComment

Digital Regulation: Publication of the Digital Markets Act

The DMA establishes a set of objective criteria for qualifying a large online platform as a "gatekeeper." Companies that qualify as such (mainly, but not only, GAFAMs), which are therefore in a "gatekeeper" position vis-à-vis a large number of users, will have to comply with the DMA's obligations

Aurelie DellacOctober 12, 2022Digital markets, GAFAM, competition

E-commerce: new obligations for professionals

Ordinance 2021-1734 transposing the so-called "Omnibus" directive on the better application and modernization of EU consumer protection rules, which aims to regulate certain practices in online commerce, came into force on May 28, 2022.

Consumer lawAurelie DellacJune 21, 2022e-commerce, Commercial contractsComment

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Aurelie DellacJune 14, 2022

Towards a re-penalization of competition law violations in France?

Until now, criminal sanctions for violations of competition law, as provided for in the Commercial Code, could be applied in the future. In addition to administrative fines for companies (up to 10% of the worldwide turnover of the companies concerned), prison sentences and fines for individuals could be added.

Competition lawAurelie DellacMarch 31, 2022Competition law, Criminal law

Paid partnerships on social networks can qualify as unfair business practices under French law

Under French law, influencers must indicate in their publications on social networks (by a logo or an oral or written mention for example) when it is a paid partnership. The lack of this mention constitutes an unfair commercial practice, sanctioned by heavy fines.

Consumer lawAurelie DellacJuly 28, 2021Consumer law, Social networksComment

Commercial negotiations: large-scale distribution under the scrutiny of the authorities

While the period of commercial negotiations between suppliers and distributors ended as every year on March 1 with the signing of annual agreements, the practices of some large retailers are in the sights of the authorities, whose action is intensifying.

The French Competition Authority publishes its new guidelines on merger control

After simplifying and digitizing the procedure in 2019, the Authority is now offering greater legal certainty to companies by allowing them to request the designation of a team in charge of the file and by committing to rule on the completeness of the file within 10 working days.

Competition lawAurelie DellacJuly 29, 2020Merger control