Our expertise
Stellion Avocats supports its clients in the following areas:
1
DISTRIBUTION LAW
We work on all distribution law issues at all levels of the chain and in various sectors of activity.
DISTRIBUTION
NETWORKS
Franchise, concession, exclusive distribution, selective distribution, commercial agent, commission, affiliation.
RESTRICTIVE
PRACTICES
Abrupt termination of commercial relations, benefits without compensation, significant imbalance, resale outside networks, discriminatory practices.
SUPPLIERS / WHOLESALERS / DISTRIBUTORS
General terms and conditions, annual agreements, logistics agreements,
manufacturing contract, services
DGCCRF'S
CONTROLS
DGCCRF (Directorate for competition and consumers affairs, within the French Ministry of the Economy) investigations on restrictive practices, misleading or unfair commercial practices, product regulation, price display, website mentions.
CENTRAL PURCHASING
ORGANISATION
Implementation of agreements relating to central purchasing organisation (purchasing agreements, referencing agreements, international services).
UNFAIR
COMPETITION
Commercial litigation for denigration, parasitism, destabilization of networks, mass poaching of employees, boycott, illicit comparative advertising, violation of non-competition clause.
SALES
PROMOTION
Advertising campaigns, comparative advertising, promotional operations, commercial claims, labels...
ADMINISTRATIVE AND CRIMINAL
LITIGATION
Proceedings against administrative penalty decisions regarding payment deadlines, annual agreement. Criminal litigation for resale at a loss, missleading commercial practices.
2
COMPETITION LAW
We provide advice and litigation in matters of anti-competitive practices.
HORIZONTAL AND VERTICAL AGREEMENTS
Production, purchasing, marketing, sustainability agreements, information exchange.
INVESTIGATIONS
Investigations by the Competition Authority, the European Commission and the DGCCRF (Directorate for competition and consumers affairs, within the French Ministry of the Economy)(down-raids, hearings, requests for information, courts proceeding).
PURCHASING
AGREEMENTS
Structuring and drafting of centralized purchasing agreements (black box, clean team, cooperation agreement, etc.) + specific notification procedure "Macron Law".
LITIGATION
Proceedings before the French Competition Authority and the Paris Court of Appeal. Anti-competitive practices before the courts. Legal actions for compensation for competitive damages.
ABUSE OF
DOMINANT POSITION
Market definition, eviction abuse, exploitation abuse (tied sales, predatory pricing, refusal to sell,
disparagement...)
COMPLIANCE
Setting up of a compliance program: appointment of a manager, recommendations, training of managers, alert system.
3
MERGER CONTROL ANG FOREIGN INVESTMENTS CONTROL
We intervene at all stages of merger and foreign investment control.
ANALYSIS OF THE CONTROLLABILITY OF THE OPERATION
Concentrative nature of the operation, analysis of notification thresholds, multi-country analysis.
CONFIDENTIALITY / GUN
JUMPING
Supervision of information exchanges, confidentiality agreements, clean team/black box. Legal proceedings.
NOTIFICATION
Drafting of pre-notification and notification, response to questionnaires, appeal against an authorization decision.
LITIGATION
Failure to notify, inaccurate or incomplete statements, failure to comply with undertakings.
PHASE 1 /
PHASE 2
Complete monitoring of the investigation, negotiation of remedies, comments and complaints as a third party. Implementation and monitoring of undertakings.
FOREIGN INVESTMENT
CONTROL
Controllability analysis, request for prior review and authorization, monitoring of the procedure before the Treasury Department.