Menu

Commercial law and distribution law

We support our clients (large industrial groups, SMEs, and public institutions) in managing complex legal issues, ensuring regulatory compliance and the security of their activities (insurance, healthcare, agribusiness, energy, chemicals, media, sports, transport, leisure, defense, construction, or retail). We also assist them throughout the phases of interaction or confrontation with authorities or other stakeholders (pre-notification, notification, investigations, contentious proceedings), and we design tools to anticipate risks. We operate in commercial and distribution law across a wide range of sectors, including furniture and decoration, agribusiness, tourism, jewelry, fashion, medical devices, and toys.

 

Areas of expertise in commercial and distribution law

Restrictive competition practices

We provide advice on restrictive competition practices, such as significant imbalance, discrimination, refusal to sell, and abrupt termination of commercial relationships. We help companies avoid behaviors that may result in sanctions from the General Direction of Competition, Consumption and Fraud Control (Direction générale de la concurrence, de la consommation et de la répression des fraudes / DGCCRF) or the Departmental Direction for the Protection of Populations (Direction départementale de la protection des populations / DDPP).

Pricing practices

We assist in developing pricing practices, ensuring that the prices, the general terms of sale (GTS), and the general terms of services (GTS) comply with regulations. We also ensure compliance with invoicing rules to avoid any disputes.

Payment terms

We support companies in managing payment terms in compliance with laws such as the Economic Modernization Act (Loi de Modernisation de l’Économie / LME) and the Egalim Law. We help prevent sanctions by ensuring compliance with legal payment terms .

Unfair competition

We address cases of unfair competition, protecting companies against acts such as disparagement, business disruption, or parasitism. We develop strategies to defend our clients’ interests and safeguard their market positions.

Parasitism

We assist in fighting parasitism, ensuring that competitors do not unduly benefit from our clients’ efforts, investments, or expertise without authorization. We take necessary actions to protect their rights and obtain compensation.

Unfair and misleading commercial practices

We advise on compliance of commercial practices, including advertising and communication, ensuring the avoidance of unfair or misleading practices. We help prevent risks associated with influencer campaigns or non-compliant advertising messages.

Industrial litigation

We assist with industrial disputes, particularly in the event of an incident , hidden defects, or  defects. We help companies manage these disputes, defend their interests, and implement preventive measures.

Product liability

We support companies in managing product liability in cases of damage caused by defective products. We provide advice on legal obligations and defense strategies in litigation.

Contractual disputes

We handle  contractual disputes arising from the execution or termination of commercial agreements. We assist in resolving conflicts, whether involving distribution contracts, commercial agency agreements, or business introduction agreements.

Distribution networks

We advise on structuring and developing distribution networks, including franchises, concessions, selective distribution, exclusive distribution, lease management, mandate management, or e-commerce. We ensure contract compliance  and adherence to specific regulations.

Commercial negotiations

We assist in commercial negotiations with partners, ensuring balanced agreements and the protection of our clients’ interests. We help secure contracts and prevent future disputes.

Advertising law

We provide advice on advertising law, ensuring that marketing communications comply with legal and ethical obligations. We help mitigate risks associated with the dissemination of misleading or non-compliant messages.

Consumer law

We assist companies in complying with consumer law, ensuring product and service conformity, consumer protection, and adherence to regulations.

Commercial leases

We support our clients, whether landlords or tenants, at the following stages:

  • Negotiation and drafting of leases: Drafting contracts tailored to the specific needs of the parties while protecting their respective interests.
  • Managing leasing relationships: Assisting with daily lease management, including renewals, rent reviews, and lease transfers.
  • Dispute resolution: Representing clients before competent courts in disputes related to the execution or termination of commercial leases.
  • Strategic advice: Analyzing the legal implications of commercial leases in broader real estate projects, such as acquisitions or restructurings.

Examples of support in commercial and distribution law

We defended a leading engineering, design, and consulting company in a complex commercial dispute involving judicial expertise regarding four pylons designed by our client in France. We supported our client throughout the expert proceedings, drafting approximately 25 submissions.

We advised a major international pharmaceutical company in three disputes against another pharmaceutical company. The appeal resulted in a ruling in favor of our client, with the court finding that the opposing party engaged in acts of unfair competition.

We assisted a venture capital firm before the Paris Commercial Court. A founding shareholder of a real estate development group filed a claim contesting a recapitalization transaction that had diluted their stake entirely. The shareholder sought the annulment of the transaction and €20 million in damages. The court dismissed the shareholder’s claim and ordered them to pay €60,000 to the defendants, including our client, under Article 700 of the French Civil Code.

We represented an automobile engineering firm before the Paris Commercial Court to recover unpaid invoices. Specifically, our client had signed a subcontract for designing and manufacturing a paint shop line with a Polish factory for a French car manufacturer. The contract’s cancellation by the general contractor in the US halted the project, causing significant losses for our client, estimated at €20 million. We are assisting our client in seeking compensation for these losses from the US-based general contractor and the French and Polish end clients.

We represented one of two notaries involved in a legal dispute over a notarial office. Our client sought specific performance of a promise to sell shares in the company owed by the opposing party.

Do you need assistance?
Find out how our professionals can put their skills and experience to work for you in this area.
Contact us

Awards

Best Lawyer-Cécile Théar-Jallu.jpg
Awards TMT : Information Technology
Best Lawyers
Cécile Théard-Jallu recognized in the 2025 edition of Best Lawyers France.
Awards
Best Lawyers
Thierry Titone recognized in the 2025 edition of Best Lawyers France

Our professionals

Matthieu
Dary
Partner
Aurélien
Chardeau
Partner
Thierry
Titone
Partner
Sophie
André
Lawyer - Senior Manager

Do you need assistance?

Contact us!

    De Gaulle Fleurance & Associés, as data controller, collects personal data in the context of your request for support, but also to send you information, invitations to events or to contact you. Mandatory fields are marked with an asterisk (*). You have the right to access, rectify and delete your data, as well as the right to limit and object to the processing of your data. You can exercise your rights by contacting us at dp@dgfla.com. For more information on the processing of your data and your rights, please consult our Data Privacy Policy.