Business law

LexCase assists French and foreign businesses in France and abroad in the preparation, drafting, negotiation, enforcement and protection of their commercial and industrial policy by systematically focusing on the specificities of their sector.

LexCase advises businesses in relations with their business partners, clients (trade and consumers), subcontractors, competitors and administrative authorities (DGCCRF, the French General Directorate for Competition Policy, Consumer Affairs and Fraud Control; DIRECCTE, the French regional agencies for businesses, competition policy, labor and employment; CNIL, the French national commission for data protection and liberties, etc.).

LexCase also assists and defends its clients before the courts, arbitration and mediation tribunals of all types, as well as the French and EU competition authorities, and in their relations with administrative authorities.

LexCase has acquired significant experience in these different types of matters, in particular in the following areas:

Contract law: drafting, negotiating and auditing of contracts, follow-up of the enforcement of contracts, and the consequences of the termination of a contract:

  • Commercial cooperation and negotiations
  • General terms and conditions (sale/purchase)
  • Partnership agreements
  • Subcontracting agreements
  • Inter-company cooperation agreements
  • Commercial agency agreements
  • International contracts

The law on advertising and sales promotions: the law on consumer protection as it applies to businesses:

  • Sales promotions (sales, contests/lotteries, sales with bonuses, self-liquidating offers, price discount advertisements, coupons, cross-selling, etc.)
  • Advertising (false, misleading or comparative advertising, etc.)
  • Regulations regarding communication of information to consumers (price advertising, etc.)
  • Sponsoring and marketing actions

Distribution law:

  • Consulting services for the implementation of a distribution/representation method for services or products tailored to the status of the business in France and abroad
  • Drafting of preparatory and precontractual information documents and distribution agreements (franchise, concession, affiliation, selective distribution, middlemen, etc.)
  • Distribution over the internet and m-commerce
  • Implementation of network protection tools
  • Assistance in implementing pricing and purchasing policies
  • Advice on changes in or termination of business relations
  • Advice on changes in distribution networks, in particular in the services sector, with regard to legal risks (in particular relative to franchisees being considered employees) or legislative changes (Hoguet law governing real estate agents, sales agents for business assets, property managers and similar professions)

Law on practices that restrict competition:

  • Consulting services regarding the validity of agreements and practices in terms of the law on practices that restrict competition: (major imbalance, sudden termination of long-standing business relations, abuse of buying or selling power, etc.)
  • Assistance with litigation related to practices that restrict competition