Commercial Contracts & consumer protection
Both B2B and B2C companies are facing increased regulation of their commercial activities; amidst a backdrop of globalisation and digital and sectoral transformation, these companies must contend with significant challenges.
Consequently, we work with our clients to help them to comply with new regulations, from the Egalim laws in the French agricultural sector and the regulation of digital and artificial intelligence platforms to the requirements surrounding “greenwashing” as part of the ecological transition.
We have significant experience in distribution networks, business contracts and consumer law.
We support our clients in structuring their organisations (franchises, selective and exclusive distribution, commercial agents) and drafting their business contracts (production, supply, partnership, etc.). We ensure that they comply with the national and European rules in force, including competition law, the Egalim laws, significant imbalances, the abrupt termination of established commercial relationships and annual trade negotiations.
Our expertise in consumer law, particularly the interpretation and application of consumer protection rules, is widely recognised. We advise on matters relating to online sales and digital platforms, misleading commercial practices, unfair terms, product marketing and recall. We also have expertise in advertising and sales promotion law, including comparative advertising, sales with free gifts and tie-in sales.
We regularly appear before the civil, commercial and criminal courts and in investigations conducted by regulators, including the French Directorate-General for Competition, Consumer Affairs and Fraud Prevention and the French Departmental Directorate of Population Protection. We have developed significant experience in group litigation, including class actions and actions taken by consumer associations and professional organisations.
Our expertise covers a wide range of sectors, including agriculture, healthcare, luxury goods, digital platforms, sport and the media.
Areas of intervention
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We have recognised expertise in structuring, establishing and overseeing distribution networks, including franchises, selective and exclusive distribution and commercial and intermediary agencies (such as commission agents and business introducers). We help our clients with the drafting of contracts and in potential disputes between network heads and resellers or commercial intermediaries.
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We regularly advise suppliers and retailers on the drafting of their general terms and conditions of sale or purchase and their annual agreements. We handle matters including pricing policy, back margin agreements, invoicing, resale at a loss and restrictive competition practices. We ensure that payment deadlines are respected, commercial relations are significantly balanced and there are no abrupt terminations or benefits without consideration.
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We help our clients to negotiate and draft contracts in France and internationally. We advise on manufacturing, subcontracting and supply contracts and a range of strategic partnerships.
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We regularly appear before the French courts in disputes relating to parasitic competition, misleading advertising, infringement of a trade name or company name and disparagement. When necessary, we work closely with our Intellectual Property team for an integrated defence.
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We have thorough knowledge of consumer regulations. We help our clients to ensure that the information they supply complies with regulations and provide a framework for promotions, whether online or in-store. We ensure compliance with pre-contractual obligations, advertising rules, fair commercial practices and promotional operations (such as sales with free gifts and price reductions).
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We also advise on all matters relating to the composition, marketing and withdrawal from the market of defective products, including large-scale recall procedures in consultation with the relevant administrative authorities and the European Commission, and private enforcement before civil and criminal courts.
Awards
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Chambers Europe - France 2024
Competition/European Law
Band 3
Gide has solid experience in contentious matters, often advising clients on cartel and abuse of dominance investigations before the French Competition Authority and on litigation before national courts and European institutions, including private enforcement actions. The law firm also covers merger control mandates and distribution issues.
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Legal 500 EMEA - France 2024
EU, Competition & Distribution
Tier 1
The team has an impressive record of representing clients in some of the most high-profile recent proceedings before the FCA and the national courts." "Standout strength in antitrust litigation and follow-on damages claims." "In-depth knowledge of the relevant authorities. Strong ability to strategize on cases. Availability to accept urgent cases.
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Chambers Global/Europe - Belgium 2024
Competition: EU
Band 5
Gide regularly advises on merger control issues arising from planned M&A and joint venture transactions. It has further experience in EC abuse of dominance and anti-competitive practice investigations, with a focus on advising complainants and interveners.
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Legal 500 EMEA - Belgium 2024
Competition: EU & Global
Tier 4
Gide's deep partner bench ensures that the gamut of relevant issues can be expertly handled.