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• New French Anti-Gift Regime Finally Adopted for the Health Sector

  At long last, the new French health care anti-gift regime, modified in 2017, should be applicable as of October 1, 2020, thanks to implementing regulations adopted over the summer.
 
 The French anti-gift regime, which governs benefits provided by health care companies ("HCC") to health care professionals ("HCP"), was modified by the Ordinance 2017-49 of January 19, 2017. However, the adoption of implementing decrees was delayed and recently completed by a Decree dated June 15, 2020, as well as two ministerial orders dated August 7, 2020. Entry into force of the new regime is now scheduled for October 1, 2020.

• New French Competition Authority Merger Control Guidelines

  ..On 23 July 2020, the French Competition Authority (Authority) published new merger control guidelines, which replace the previous guidelines dated 4 July 2013.
 
 ..In the new guidelines, the Authority clarifies and completes (i) the procedural rules and (ii) the rules relating to the substantive examination of a merger.
 
 Please see full Publication below for more information.

• New French Foreign Investments Screening Scheme

  France has established a foreign direct investment (“FDI”) screening regime under which any foreign investor (either from EU/EEA or outside of EU/EEA) who wants to invest in sensitive business sectors in France must obtain the FDI prior approval of the French Ministry of Economy and Finance (“Minefi”). Over the last years and even recently, the scope of the FDI regulation in France has been considerably broadened. For further information regarding the last French FDI screening regime modifications that entered into effect on April 1, 2020, please kindly refer to our previous client alert.

• Force Majeure, Aménagement Contractuel et Pouvoir du Juge des Référés

  La Cour d'appel de Paris a confirmé le 28 juillet dernier, l'ordonnance du juge des référés du tribunal de commerce de Paris qui avait considéré, du fait de l'existence de la pandémie, que la réalité de l'existence de la force majeure définie contractuellement, n'était pas sérieusement contestable et ordonné à EDF de cesser ses fournitures…

• Competition and Restrictive Practices Law Summer News

  Summer 2020 was characterized by two significant news items: one in the area of merger control and the other in the area of restrictive practices.
 
 ..On 28 August 2020, the French Competition Authority prohibited a merger for the first time since its creation. This transaction involved the takeover of a hypermarket in the Troyes agglomeration and the proposed remedies were not sufficient to address the competition concerns identified by the Authority.
 
 ..A little earlier, the French Supreme Court handed down an important ruling in the Expedia case, in which it confirmed that the action undertaken by the Minister of the Economy to punish practices restricting competition is of public order under French law (“loi de police”). It is therefore impossible to avoid it by means of a clause designating a foreign law.

• Recognition and Enforcement in France of Foreign Arbitral Awards Set Aside in Their State of Origin

  Historically, French law is very favorable to arbitration, and to international arbitration in particular. It is against this background that it has recognized the principle of autonomy of arbitral awards for several decades.

• What to Know When Terminating Contracts Governed by French Law or Involving French Parties

  Article L. 442-1 II of the French Commercial Code, implemented in 1996 (and recently modified), prohibits the sudden termination of an established business relationship. This provision aims to give the terminated party sufficient time to reorganize its business.

• EU Data Protection Authority Levies Its First Fine for Violations of the GDPR

  The French Data Protection Authority, CNIL, has levied its first fine for enforcement of the General Data Protection Regulation (GDPR). The enforcement target, Spartoo, is a French online shoe retailer that makes its website available to a host of countries in the European Union.

• La Cour pénale internationale dans le viseur de l’Administration Trump : Une réponse européenne attendue

  Depuis plusieurs années la Maison Blanche s’est engagée dans une bataille frénétique contre la Cour pénale internationale (« CPI ») et tente de faire obstacle à l’enquête diligentée en mars 2020 visant les exactions présumées commises par l’armée américaine et par la CIA en Afghanistan.

• Questions and Answers Regarding Collective Redundancies in France

  As part of its response to the COVID-19 pandemic, the French government implemented a very generous furlough system designed to protect companies and avoid redundancies, i.e., terminations of employees for economic reasons.

Featured documents

• New French Arbitration Law

  France has adopted a new statute on arbitration, Decree No. 2011-48 dated January 13, 2011 (the “Decree”). Thirty years ago, in 1980 and 1981, France was one of the first countries to adopt a modern statute that created a separate, specific legal regime for international arbitration. This regime...

• French Solar Projects

  On 15 September 2011, the French Energy Regulation Committee (CRE) issued a set of rules covering the applicable conditions for the new tender process for photovoltaic (PV) projects in France with a capacity exceeding 250kw. This tender process is designed to help France meet its target of...

• Enactment of the French Second Amending Finance Act for 2012: Key Corporation Tax Measures

  The French Second Amending Finance Act for 2012 was adopted by the French Parliament on July 31, 2012 and was enacted on August 17, 2012 [the "Act"]. The core objective of the Act is to reduce the government deficit below 4.5% of GDP for 2012, pursuant to the Council of the European Union'...

• The French Petroplus Law

  The Decree No. 2012-1190 of October 25, 2012 has recently clarified the Law No. 2012-346 of March 12, 2012 on protective measures (mesures conservatoires) applicable to French safeguard, recovery and liquidation proceedings, named as the Petroplus Law.
 
 
 
 The Petroplus Law was...

• International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in France

  Legislation -
 
 
 
 Interprofessional National Agreement and Law on Employment Security Passed -
 
 
 
 On January 11, 2013, social partners at national level agreed to an interprofessional agreement “for a new economic and social model serving business’...

• Financial Services Quarterly Report - Fourth Quarter 2013: Management of French Funds and Access to the French Market: New Opportunities Offered by the AIFM Directive

  Further to the implementation of the AIFM Directive in France, new cross-border management and distribution possibilities are now available for investment products in the form of alternative investment funds (AIFs)....

• French Employers: Only Three Months Left to Set Up a Single Database | Base de données unique : plus que trois mois pour la mettre en place!

  French law requires companies with 300 or more employees to set up a single database for economic and employment information by no later than 14 June 2014.
 
 
 
 The French Job Security Act of 14 June 2013, which codified the national multi-industry agreement (Accord National...

• New French Regulations Tighten Control on Foreign Investments

  A new decree expands the list of sectors in which foreign investors must seek prior French Minister of the Economy authorization - 
 
 
 
 The French government issued a new decree 2014-479 dated 14 May, 2014 expanding the list of strategic sectors in which foreign investments in...

• Focus on Regulatory Law - July 2014

  In This Issue:
 
 
 
 - Regulation Authorities
 
 
 
 ..French Competition Authority
 
 ..Securities and Market Authority
 
 ..Audiovisual Council
 
 ..Authority for the Regulation of Electronic Communications
 
 
 
 - Energy&#1...

• Class Actions Enter into Force in France as of 1st October 2014

  The French Government decree allows accredited consumer associations to launch class actions. 
 
 
 
 On 24 September 2014, the French Government enacted a decree implementing the class action mechanism created by the “Loi Hamon” n° 2014-344 (enacted on the 17th of March 2014) (pleas...