Franchise, Distribution, Competition Law

Franchise

As a commercial exploitation option which is gaining more and more popularity, this form of distribution nevertheless implies specific rights and obligations and a complex contractual relationship.
This is why we offer advice and assistance to franchisors and franchisees on the following points:

✓ Pre-contractual questions
- Advice on the advantages and disadvantages of the franchise operation
- Advice on network development and organization
- Legal monitoring of the regulations and laws applicable to the franchisor / franchisee relationship

✓ Creation of the Franchise
- Drafting, revision, negotiation of Pre-contractual Information Document (DIP)
- Drafting, revision, negotiation of franchise contract
- Examination, negotiation of the commercial lease, the assignment of the lease or the purchase contract of an already franchised point of sale
- Writing, editing, negotiating the sale of business assets

✓ Legal monitoring of essential aspects of the franchise
- Trademarks and signs / intellectual property
- Transmission of know-how
- Continuous assistance
- Entrance fees and charges
- Commercial contracts (supply, intermediaries etc.)
- Franchise and competition / exclusivity
- Taxation of the franchise

✓ Cessation of the franchise and Litigation / Arbitration
- Advice and support in the procedures for the transfer or transfer of the franchise
- Management of disputes between franchisor / franchisee and arbitration procedures

Distribution

In the various relationships between suppliers of goods and services and distributors (concession, affiliation commission, agency, authorized or selective distribution), we offer the following services to our customers:
- Negotiation, revision and drafting of distribution contracts
- Review and development of the general conditions of sale, purchase and provision of services
- Advice and assistance in the organization of distribution networks
- Assistance and organization of relationships with intermediaries
- Legal monitoring of national, European and international law applicable to distribution and related competition and intellectual property issues
- Management of commercial relations litigation and amicable ruptures

Competition

- Legal monitoring of sectoral, national, European and international laws and regulations of competition law
- Information and audit of anti-competitive (mergers, agreements, abuse of a dominant position) and / or unfair (poaching, parasitism, violation of non-competition, disparagement etc.) practices within the company and advice with a view to their prevention
- Support during inspection and seizure procedures with the authorities (the Competition Authority, the European Commission, etc.)
- Management of the contentious procedure within the framework of actions before the jurisdictions