Distribution and Competition Law in France

We provide legal advice on all aspects of French distribution and competition law. We advice clients in French, German and English.

France has various legal frameworks for the distribution of goods and services. The appropriate contractual arrangements with distributors and customers in France depend on the applicable law. European and French competition law requirements must be observed, while ensuring adequate protection of your intellectual property rights.

Legal Services concerning Distribution and Competition in France

In addition to legal consulting, our team of attorneys with intercultural experience will also assist you with the practical implementation in France in the following areas:

  • General Terms and Conditions for Business in France (review and drafting in accordance with international and French law as well as bilingual German-French version)
  • French commercial and distribution law, commercial agency law and UN sales law
  • Review and alignment of key contractual clauses to comply with French law, particularly those concerning liability, warranties and retention of title
  • Drafting and review of contracts with commercial agents, distributors and franchise partners in France
  • Termination of distribution agreements in France, including the assessment and calculation of potential compensation payments under French law
  • Legal advice and representation before French courts in disputes concerning the abrupt termination of established commercial relationships in France (rupture brutale des relations commerciales établies)
  • Defence against claims brought by distributors in France
  • Drafting and review of cross-border supply agreements and framework agreements in compliance with French law
  • Amicable settlement of disputes with counterparties in France
  • European and French competition law: legal advice and risk assessment for the French market, in particular regarding selective and exclusive distribution channels, and review of sensitive contractual provisions relating to exclusive distribution, supply restrictions, territorial protection and customer allocation
  • Sworn and unsworn translations of German and French documents

We also train your sales team on topics such as “Legal aspects of distribution in France” and “Structure and use of distribution documents for business in France”. If you are interested, we would be happy to send you a training offer.

Did you know that in France…

  • terminating an established business relationship with a distributor may require a notice period of up to 18 months under French law?
  • the termination of a commercial agency agreement generally entitles the commercial agent to compensation, often amounting to approximately two years’ gross commissions
  • there is no French law on general terms and conditions, but in France an Unfair Terms Law Commission (“Commission des clauses abusives”) has been set up to sanction certain unfair contractual terms?
  • warranty claims can be limited under French law only if the seller and the purchaser operate in the same field of business?
  • the beneficiary of a post-contractual non-compete obligation may, on termination of a contract, for example a French agency contract, unilaterally waive the post-contractual non-compete obligation under French law?

Our German-French Team for Distribution and Competition Law