JD Supra France

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Latest documents

  • French Competition Authority's record fine overturned on appeal

    On 6 October 2022, the Paris Court of Appeal (CoA) partially overturned the French Competition Authority (FCA)’s record EUR1.2 billion fine on Apple and two of its wholesalers, Ingram Micro and Tech Data, for antitrust infringements involving product and customer allocation, resale price maintenance and the French law concept of abuse of economic dependency. Our alert sets out the details of the CoA’s ruling and its implications for the calculation of fines and the structuring of antitrust-compliant distribution networks. Please see Publication below for more information.

  • New Whistleblower Protections in France: Considerations for Companies

    Companies operating in France should implement or adapt their reporting mechanisms to comply with the new requirements. 
 
 On 1 September 2022, new protections for whistleblowers in France entered into force. The protections were passed on 21 March 2022 as law No. 2022-401 (the Law).
 
 Please see full Alert below for more information.

  • Analysis: French Sanctions Regime for Digital Asset Service Providers and Token Issuers

    Various sanctions may apply against DASPs and token issuers that operate in France in contravention of applicable rules. 
 
 France was a pioneer in establishing a legal framework for the regulation of digital assets and related services following the enactment of the Loi Pacte in May 2019. In particular, the regulated status of Digital Asset Service Provider (DASP) was introduced into French law as the cornerstone of the local digital asset regulatory framework. 
 
 Please see full Alert below for more information.

  • Bulletin Concurrence IV - Paris │ Avril ● Mai ● Juin 2022

    1. CONTENTIEUX - PREMIÈRE DÉCISION D’ENGAGEMENTS DE META -
 
 Par une décision du 16 juin 2022, l’Autorité de la concurrence (ADLC) a rendu obligatoires les engagements proposés par Meta, qui marquent, à notre connaissance, sa première procédure contentieuse négociée. 
 
 Please see full Publication below for more information.

  • French Supreme Court Validates Caps on Damages for Unfair Dismissals

    For employers doing business in France, the court’s recent decisions mean more predictability in the amounts that judges can award in case of unfair dismissals. 
 
 In two landmark decisions on 11 May 2022, the Employment Chamber of the French Supreme Court confirmed that the grid of maximum caps on damages amounts that judges can allocate for unfair dismissals from work are fully valid. The decisions confirm a cornerstone of President Emmanuel Macron’s labor law reform of 2017.
 
 Please see full Alert below for more information.

  • Analysis: Impact of French Ordinance Relating to Guarantees and Security in Respect of Annual Information Obligation

    The Ordinance’s extension to grantors of French law security interests in rem is likely to have a practical impact on lenders. 
 
 Key Points: 
 
 ..The obligation of lenders to provide grantors of cautionnements (guarantees) of bank loans, etc., with certain information regarding the guaranteed obligations by 31 March each year has been maintained as part of the reform of security interests that came into effect on 1 January 2022. 
 
 ..The uncertainty as to whether this obligation applies to guarantees granted under a law other than French law but where there is a nexus to France has not been resolved. 
 
 ..The right to such information has been extended to grantors of French law security in rem.
 
 Please see full Alert below for more information.

  • French Government Seeks to Regain Control Over Enforcement of French Blocking Statute

    A new decree and a ministerial order strengthen cooperation between French ministries, reflecting the government’s desire to monitor more closely certain foreign discovery requests. 
 
 Overview - 
 
 Originally enacted in 1968 in response to US antitrust investigations into French shipping companies, and subsequently modified in 1980, the French Blocking Statute (FBS) was initially aimed at protecting French nationals (i.e., citizens and corporations) from the alleged excesses of US discovery procedures.
 
 Please see full Alert below for more information.

  • French Parliament Publishes Evaluation Report on Corporate Duty of Vigilance Law

    The report, published on 24 February 2022, assesses the implementation of the existing French corporate duty of vigilance law. 
 
 French Statute No. 2017-399 of 27 March 2017 (the 2017 Statute) created a duty of vigilance (devoir de vigilance) for companies crossing determined thresholds (see definitions on page 3). Such companies are required to implement a public, comprehensive plan aimed at identifying risks and preventing and mitigating serious violations of human rights, human health, and the safety of the environment. With the 2017 Statute, France bolstered what now appears to be a global movement of regulation of corporate activity through supply chain-related legislation, as it was quickly joined by the Netherlands (2019, in relation to child labour only), Germany (2021), and now possibly the EU (for more details, see this Latham Client Alert). Meanwhile, Belgium, Norway, Finland, and Luxemburg are discussing similar legislation. The UK implemented the Modern Slavery Act in 2015.
 
 Please see full Alert below for more information.

  • Life Sciences Law Review - 10th Edition, France Chapter

    France is generally known for its high quality and also highly regulated healthcare system. As an EU Member State, France has implemented the EU medicines and medical devices regimes. This chapter should therefore be read in conjunction with the EU chapter and will focus on the specifics of the French regulatory regime. France has codified the essential rules on medicines and medical devices in the French Public Health Code, which encompasses both statutory and regulatory provisions.
 
 Originally published in Life Sciences Law Review, 10th Edition - February 2022.
 
 Please see full Chapter below for more information.

  • Establishing a Business Entity in France (Updated)

    1. Types of Business Entities - 
 
 • Description of the types of entities available in each jurisdiction through which to conduct business - 
 
 Business may be conducted in France either through a French branch of a foreign company (1) or through a French company (2). Both are considered to be forms of direct investment in France.
 
 Please see full Chapter below for more information.

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