Anti-inflation law: accelerated timetable for annual trade negotiations

The draft law on emergency measures to combat inflation concerning consumer goods was adopted and published in the Official Journal of 17 November 2023.
 
The changes to the calendar of annual commercial negotiations are applicable to any agreement relating to FMCG marketed on French territory concluded between any distributor carrying out a predominantly food retail activity (excluding the French overseas departments and territories) and any FMCG supplier:
 
➡ For suppliers with a turnover (if applicable, consolidated/combined) of less than €350 million:
- Date of dispatch of the T&Cs: no later than 21 November 2023
- Deadline for the distributor's reservations on the T&Cs: one month for food products and pet food subject to Articles L.441-1-1 and L.443-8 of the French Commercial Code and "reasonable period" for other FMCGs
- Deadline for signing the agreement: no later than January 15, 2024
- Effective date: no later than January 16, 2024.

➡ For suppliers with a turnover (if applicable, consolidated/combined) of €350 million or more:
- Date of dispatch of the T&Cs: no later than 5 December 2023
- Deadline for the distributor's reservations on the T&Cs: one month for food products and pet food subject to Articles L.441-1-1 and L.443-8 of the French Commercial Code and "reasonable period" for other FMCGs
- Deadline for signing the agreement: no later than January 31, 2024
- Effective date: no later than February 1, 2024
 
🛑 Agreements in progress that were signed before 1 September 2023 will automatically expire the day before the deadline and new agreements will therefore have to be signed in accordance with the new schedule.

🚨 In the event of no agreement by the deadline, the fine can reach €5 million for legal entities.

🚀 So, are you ready? We're here to help!