COMPETITION LAW AND REGULATION

Competition law and regulation: an essential legal framework for companies

FAJGENBAUM advises its clients on all issues relating to competition law and regulation, both in France and abroad.

Specializing in restrictive practices litigation, the Firm regularly intervenes before French and European competition authorities. Its expertise also covers notifications of strategic transactions under merger, foreign investment and foreign subsidy control rules.

With in-depth knowledge of key sectors such as gambling (ANJ), audiovisual media (ARCOM), health (HAS and ARS) and telecommunications (ARCEP), the Firm also acts in distribution and consumer law (DGCCRF and DDPP) to ensure the compliance of business activities and prevent unfair commercial practices.

Finally, the Firm helps its clients with compliance and data protection management strategies, acting as an adviser and, if necessary, representing them in cases referred to the CNIL.

Competition law and regulation: supporting and defending your interests

Competition law and regulation

Pre-litigation and litigation:

Assistance and representation before French and European courts and authorities, as plaintiff or defence counsel.

Strategic operations:

Analysis of mergers, acquisitions and the creation of joint ventures in France and abroad, and complete handling of the formalities with the relevant authorities.

Contract, distribution and consumer law

Drafting and monitoring of contracts:

Assistance with the negotiation, drafting and monitoring of commercial contracts, covering a wide range of agreements with:

suppliers: terms and conditions, supplying contracts, subcontracting, etc.
distributors : exclusive or selective distribution contracts, franchising contracts, second-hand shop contracts, etc.
consumers: terms of use of a website, sales and service contracts, etc.

Commercial policies:

Commercial policies:

Audit of networks, commercial practices and current contracts
Optimization of distribution networks
Strategic advice on pricing policies (pricing methods, discounts, etc.), sales methods (delivery times, etc.) and product regulation (quality standards, certifications, labels, etc.)

Regulation of sales to consumers:

Support for distance selling, door-to-door selling, advertising, customers files and CNIL declarations, sales and promotions. Our Firm pays particular attention to unfair commercial practices and unfair contract terms.

Pre-litigation and litigation:

Assistance with the termination of distribution contracts: verification of the procedure and deadlines
Management of disputes linked to the termination of distribution contracts: assistance, advice and representation before the relevant courts
Assistance, advice and representation of companies during inspections carried out by the DGCCRF, the French Competition Authority or the European Commission

Personal data:

Full support from contract negotiation to the implementation of internal procedures, and representation before the CNIL in the context of a consultation or a referral

Competition law and regulation: a tailor-made approach to regulatory issues

FAJGENBAUM advises its clients at every stage of the investigative process. This includes responding to on-site inspections by relevant authorities, lodging complaints and contesting decisions. Drawing on our experience, we support our clients in gathering evidence, preparing answers to requests for information and defending their interests.

Competition law and regulation: a team of experts at your side

Fabienne FAJGENBAUM

Recognised for her rigour and strategic approach, Fabienne Fajgenbaum handles complex litigation involving competition, distribution and intellectual property. She is particularly skilled in managing disputes involving unfair competition, breach of contract, and contract implementation.

Her involvement in the work of the Paris Court of Appeal on the quantification of loss reinforces her expertise in the assessment of economic loss, a key issue in many commercial disputes.

As a seasoned lawyer, she develops bespoke strategies for her clients, taking into account their economic and legal challenges.

Raimbaut LACOEUILHE

With a career in multidisciplinary law firms, Raimbaut Lacoeuilhe is recognised for his cross-disciplinary skills in economic law.

From filing a complaint to resolving the dispute, he provides comprehensive support to his clients at every stage of the investigation process, while defending their interests before French and European authorities and courts. He also acts in compensation disputes, in follow-on or stand-alone actions, securing his clients’ rights and financial interests.

Due to his experience in complex strategic operations, he efficiently handles notification and negotiation processes with the relevant authorities. He regularly collaborates with transaction teams to ensure the success of these sensitive projects.

Raimbaut Lacoeuilhe combines technical rigor with an understanding of economic issues to design tailored solutions to the specific needs of his clients, while also anticipating regulatory changes.

Judith HARARI

With extensive experience in criminal law and civil and commercial litigation, Judith Harari draws on her cross-disciplinary expertise to assist the Firm’s clients with complex issues. She is particularly involved in litigation concerning individuals, whether to initiate legal proceedings or to defend them.