Distribution law & commercial contracts

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

Magenta assists clients at all stages of their commercial relations to provide operational advice and solutions adapted to their needs.

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

We are convinced that to optimise assistance provided to clients, it is also necessary to be able to defend them before the competent courts or authorities. 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 covers rules governing various aspects of commercial relations, ranging from negotiations (general or special terms and conditions of sale, single agreements, payment terms) to termination of commercial relations (abrupt termination of established commercial relations), including contractual content (unpaid-for advantage, significant imbalance, resale outside the network, logistics penalties, etc.).

This law combines general provisions and other special provisions adopted for specific sectors or products (food, fast-moving consumer goods).  Implementing such provisions is often complex for many players and partners, especially when business relations are international, even though the risk in event of non-compliance is high given the ceilings for civil, criminal or administrative fines.

Magenta assists clients with all of 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 economic 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 essential 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 is well-versed in all of these issues to provide operational advice and pragmatic solutions to all companies in the development of their retail product and service offers.