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Contracts, Competition, Concentration, Distribution

Contracts, Competition, Concentration, Distribution

 

The leading priority of a firm is to sell its products and services.

Its development places the firm in connection with various actors; it should build healthy and professional relations with them.  

The more it takes on a significant position in its market, the more it should also make sure a good competitive balance is respected.   

 

Lamy Lexel intervenes to supervise the discussions, identify the specific applicable regulations, assist you in negotiations and formalize written agreements:

 

  • Pre-contractual stage :

- identifying the stakes of the future partnership  

- identifying the optimal contractual pattern   

- identifying the competent interlocutors at the future partner’s firm   

- establishing preparatory agreements to protects the firm’s assets (confidentiality agreement, non calling upon personnel, negotiation agreement…)

- writing the letter of intention

- preparing for negotiations (simulations, specifications…)

 

  • contractualization with the partner:

- helping you with negotiations

- drafting the contractual documents  

- assisting you at the closing

 

  • during the business relation :

- take note of the changes of situation and draft the additional clauses,

- make a list of any defaults possibly committed by the partner and notify them to him,

- identify the ways of  transferring the contract

 

  • at the end of the contract or when it is breached:

- develop the withdrawal scenarios   

- accompany the implementation

 

Contracts

Distribution

Competition

Concentration

Consumption

 

 

  • Contracts

- Audit of current contract or proposed by the firm’s partners  
- Assistance concerning the choice and setting up of marketing techniques: advertising, rebates, promotions, sales, games and competitions…

- Negotiation, drafting and formalization of commercial contracts  

- Negotiation, drafting and formalization of cooperation agreements: research and development, manufacture, sponsoring, management of rights, marketing …

- Negotiation, drafting and formalization of company agreements: construction, sub-contracts, maintenance,…

- Negotiation, drafting and formalization of financing and leasing agreements

- Drafting of commercial documents: general terms of sale, sales agreements, procurement contracts, contracts for the performance of services

- Negotiation, drafting and formalization of separate commercial cooperation and performance of services agreements; assistance in the setting up of relations with groups

- Assistance in breaking off commercial relations  

- Identification, then negotiation, drafting and formalization of commercial contracts made necessary by withdrawal from the structure of a group

 

  • Distribution

- Negotiation and drafting  of distribution agreements and setting up of distribution networks

- Negotiation and drafting  of sales and intermediation agreements  

- Assistance in the reorganisation of distribution networks and in the breach of distribution agreements  

- Assistance in breaking off sales representatives’ contracts  

 

  • Competition

- Analysis of the compliance of commercial relations with competition law

- Recommendations in the event of anti-competitive practises

- Management of abuse of dominant position situations

- Assistance within the scope of competition surveys  

- Assistance and representation before the Competition Council, the European Commission and the appeal bodies

 

  • Concentration

- Assistance and representation within the scope of a notification of a concentration operation with national and community competition authorities  

 

  • Consumption

- Analysis of the compliance of the commercial procedures and advertising or promotional documents with the laws on consumption

- Assistance within the scope of consumption surveys