ECONOMIC LAW

COMPETITION LAW, DISTRIBUTION LAW

Economic law is constantly in evolution, especially under the impulsion of new marketing methods on the internet as well as intervention of the State. The firm this field of law one of its key areas of practice. For 20 years, Cyril BOURAYNE and his team have intervened in matters of competition and distribution law on behalf of major brands in the textile, French luxury, media, working materials and agri-food sectors.

Combining legal expertise with a full understanding of economic issues, the firm BOURAYNE & PREISSL assists and advises , on a daily basis, in-house counsels regarding various aspects of distribution and competition law; specifically with respect to networks (franchise, distribution, competition, international trade). The structure of a dedicated team of lawyers, specifically trained in economic law, allows the firm to be particularly reactive.

Based on its “savoir faire” and expertise, the firm responds to complex questions with added value even on short notice.

The firm provides some clients with specific legal monitoring on important legislation changes, such as new legislation on compliance issues.

The firm BOURAYNE & PREISSL handles all aspects of pre-litigation as well as litigation related to various sectors and defends its clients before courts and in arbitration proceedings in a competent manner and with determination.

 

Some significant achievements:

  • Creation and administration for more than 15 years of a legal hotline dedicated for an international group of high class “prêt à porter”, leatherwork and accessories.
  • Draft/Adaptation of general conditions of sale and general conditions of purchase in French, German and English; validation of promotional sales operations; advise for franchisors in relations with franchisees on behalf of various international groups in the “prêt à porter” sector as well as dressmaking.
  • In-house training sessions organized for Legal Departments and/or the operational level regarding Incoterms, compliance and ADR (alternative methods of dispute resolution).
  • Defense of SME’s, suppliers of mass retail (food and do-it-yourself/hobby sector), and victims of sudden termination of business relationships. Procurement of a definitive decision of the Court of appeals following dismissal of a recourse to the French Supreme Court, which granted a notice period of 36 months following a commercial relationship that latest for 50 years.
  • Defense of SME’s in similar sectors, victims of fictitious services and abusive commercial practices from mass retail. Procurement of a definitive decision of the Court of appeals following dismissal of a recourse of the French Supreme Court, allowing recovery of 50 % of payments made over 5 years. Decision published in the French financial daily ”Echos”.
  • Defense of the interests of a major group in the food sector regarding arbitration proceedings in Cuba against a state owned Cuban company. Procurement of a favorable decision based on the rejection of the claim on procedural grounds.
  • Defense of a major media group of the Indian Ocean in the sector of the media, assistance before the French Competition Authority, implementation and monitoring of various proceedings (arbitration CMAP and state jurisdictions) in view of indemnification of the prejudice suffered by the client. Interests at stake: more than 200 million €.
     
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