Distribution law & commercial contracts

The legal framework applicable to supplier-retailer relations in all business sectors is always evolving and raises many issues including: general and special terms and conditions of sale, payment terms, commercial negotiations, single business agreements and logistics agreements, related penalties, remuneration for commercial cooperation services, agri-food agreements pricing issues, drafting complex agreements, etc.

Magenta advises clients at all stages of their business relations and provides operational advice and solutions tailored to their needs.

Magenta also helps set up and manage distribution networks (selective or exclusive distribution, franchise agreements, commercial agency agreements, commission agreements, etc.).

We are convinced that to provide the bas possible assistance to our clients, we must also be able to represent them before the competent courts or authorities. Thus Magenta also has outstanding expertise in litigation (and pre-litigation), in particular in complex agreements with high financial, industrial and reputational stakes (contractual litigation, abrupt termination, significant imbalance, etc.).

Law on restrictive trade practices govers various aspects of business relations, ranging from negotiations (general or special terms and conditions of sale, single business agreements, payment terms) to termination (abrupt termination of established commercial relations), as well as contractual content (unpaid-for advantage, significant imbalance, resale outside the network, logistics penalties, etc.).

It combines general provisions and other special provisions that apply to specific sectors or products (food, fast-moving consumer goods).  Complying with these provisions is often complex for many players and partners, especially in international business relations , even though non-compliance carries a high risk considering the upper fine limits civil, criminal or administrative fines.

Magenta assists clients with all these aspects in an advisory and litigation role, notably by helping them to assess the validity of their agreements under these rules, negotiate or terminate contracts, or defend and protect their interests in litigation.

Consumer law is a major concern for all operators on BtoC markets (and also for some BtoB relations). Multiple and complex rules apply: pre-contractual information, advertising, pricing display, contractual formalities and content, contract formation process, warranties and liability, after-sales service, black and grey lists of unfair clauses, rules on tied selling, etc.

In view of the applicable penalties, it is crucial to take account of consumer law rules in operational processes to avoid heavy penalties.  Specific obligations apply on top of these general rules depending on the marketing method used (e-commerce, distance selling, door-to-door sales, etc.) and the contract type (electronic communications services, energy supply, consumer credit and financial services, alcoholic beverages, tobacco, etc.).

Magenta has comprehensive expertise in all these issues and provides operational advice and pragmatic solutions to all companies that develop consumer products and services.