Although in principle, business negotiations are subject to the principle of free negotiation, business operators do not have total freedom. There are a number of safeguards: the invalidity of "most-favoured-nation clauses", abuse in cases of "significant imbalance between the parties' rights and obligations", etc.
Also, actions that seek to punish brutal, partial, or total breach of established business relationships are proliferating, as the termination of a relationship is conducive to such actions.
Magenta advises clients who are confronted with all of these issues, in particular by helping them to understand the validity of their agreements with regard to these rules, and to negotiate or conclude their contract in accordance with these provisions.
Magenta also handles a large volume of litigation cases in this area.
Some of our recent assignments :
Assistance in drafting framework agreements and in implementing annual commercial policies (food, non-food, DIY and pharmaceuticals sectors, in particular).
Compliance audits to verify that distribution contracts meet these rules.
Assisting industrial clients with the assessment of a reasonable notice period required to terminate a business relationship, depending on the characteristics of the relationship in question.
Acting in a number of disputes related to the brutal breach of established business relationships, as plaintiffs or as defendants.