Distribution law & commercial contract law

General and specific terms of sale, payment terms, contents of framework – single commercial agreements, invoicing of separate services: the context of supplier-retailer relations is subject to frequent changes (the amendments introduced by the Hamon and Macron Laws, are the most recent examples of this). This applies in every sector of activity (mass retail, pharmaceuticals etc.) and raises many questions (how these rules are applied in international relations, the signs of a significant imbalance and so on).

Magenta advises clients in their business negotiations and at the contract conclusion stage. Magenta also deals with pricing and invoicing issues.

Magenta can also assist with creating and setting-up distribution networks (selective or exclusive retail, franchise contracts, business agency contracts, commission agency contracts etc.), and has extensive expertise in litigation (particularly with regard to the reclassification of certain retail agreements as business agency contracts or joint-interest mandates or the sudden termination of a business relationship).

Magenta can also provide clients with advice on contractual strategy issues. The firm can assist with drafting and negotiating all types of national and international contracts (procurement, partnership, brand licensing, subcontracting, etc.).

Recent examples of cases handled by Magenta lawyers include : 

Advice and support for various suppliers in their annual negotiations with certain mass retail brands.

Assistance in drafting and negotiating affiliation and procurement contracts in the food and non-food retail sector.

Preparation and organisation of intra-group distribution models.

Assistance in preparing framework – single commercial agreements and in concluding partnership contracts in the pharmaceuticals, DIY and consumer product sectors.

Assistance in pre-litigation negotiations relating to the validity of non-compete and non-reaffiliation clauses.

Disputes relating to the sudden termination of a business relationship.

Disputes relating to the non-performance of equipment supply contracts before the commercial courts.