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Distribution lawyer - Romain MIRABILE

Distribution lawyer

Your trusted partner for ensuring the compliance of your distribution networks

Support in drawing up and implementing your annual contracts (discounts, rebates and commercial cooperation) and your exclusive or selective distribution networks.

Start your compliance
Distribution

What is Distribution Law?

Distribution law encompasses the legal rules governing relations between the various players in the distribution chain, from production to sale to the end consumer.

This field can be adapted to a variety of sectors , such as agri-food, pharmaceuticals and specialized distribution, each with its own specificities, notably in terms of unique agreements, pricing practices and commercial cooperation.

Understanding these rules is crucial to ensuring fair and compliant relations between suppliers, wholesalers and distributors.

There are several forms of distribution, each with their own specific features: sales agencies, franchises, supermarkets, etc.

Free 15-minute call about your situation
Daily support

Your services in distribution law

  • Sector-specific advice and support: I can advise and support you in complying with sector-specific regulations, such as the Egalim 1, 2 and 3 laws in the agri-food sector.
  • Management of contractual relations: I can help you draft, negotiate, execute and terminate your distribution contracts (compulsory information, pricing, services, payment deadlines, termination and breach).
  • Defense before the authorities: I can advise you on DGCCRF or DDPP controls (payment deadlines, mentions, etc.).
  • Training and awareness-raising: I offer tailor-made training courses for you and your teams, to familiarize you with the challenges of distribution law in your field of activity, enabling you to navigate this complex legal environment with confidence.
Step-by-step analysis

Key services provided by a distribution lawyer

Stage - 1
Analysis and strategic consulting

My first task is to analyze your distribution agreements and practices to ensure they comply with industry-specific regulations, such as the unique agreements in the agri-food sector.

I examine critical aspects such as pricing clauses, your liability and your obligations.

Stage - 2
Contract drafting and negotiation

I can help you draw up and negotiate distribution contracts, including those with suppliers and wholesalers.

My aim is to ensure that these contracts are balanced, transparent and comply with legal requirements, while protecting your business interests.

Stage - 3
Commercial relationship management

In this phase, I'll help you manage your distribution relationships, addressing issues of commercial cooperation and specific obligations linked to your business sector, such as the rules imposed by the Egalim law in the agri-food sector.

Stage - 4
Representation in disputes

In the event of litigation, I represent and defend your interests in distribution-related disputes.

This may include problems relating to sudden termination, restrictive competition practices (unfair competition), or regulatory compliance issues.

Stage - 5
Training and Awareness

I offer training courses for you and your teams on the specifics of distribution law in different sectors.

These sessions are designed to improve your understanding of the complex rules of distribution and strengthen the compliance of your company's practices.

Stage - 6
Updating and adapting to legislative changes

Last but not least, I can support you in your ongoing legal monitoring and advise you on how to adapt your practices to legislative and regulatory changes in distribution law.

This is essential to maintain your company's compliance in an ever-changing legal environment.

Your risks

Limit your risks: get a distribution lawyer on your side

There are many risks involved in distribution law, and these are mainly governed by the French Commercial Code.

Penalties for billing inaccuracies :

  • Tax fine: €15 per missing or inaccurate statement on an invoice, up to a maximum of a quarter of the invoice amount.
  • Administrative fine: Up to €75,000 for a natural person and €375,000 for a legal entity, with the possibility of doubling the fine in the event of a repeat offence within two years.

Penalties for significant imbalance :

  • Civil fine: up to 5 million euros for offences involving a significant imbalance in commercial relations.

Penalties for non-compliance with the General Sales Conditions (GSC) :

  • Administrative fine: up to €15,000 for individuals and €75,000 for corporate bodies.

Penalties for non-compliance with the Single Agreement :

  • Administrative fine: up to €75,000 for individuals and €375,000 for corporate bodies.

These sanctions demonstrate how important it is for companies to comply with specific distribution regulations, particularly with regard to invoicing, general terms and conditions, and balanced commercial relations, in order to avoid substantial financial penalties.

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FAQ's

Frequently asked questions

To ensure that your distribution contracts are compliant, it's essential to familiarize yourself with the sector's specific regulations, particularly as regards discounts, rebates and commercial cooperation.

Make sure your contracts include balanced clauses, respect the single agreement and are transparent about commercial conditions.

It is often advisable to consult a lawyer for a legal review of your contracts.

When it comes to invoicing, you must comply with the rules of the French Commercial Code (Code de commerce) and the General Tax Code (Codé général des impôts).

When it comes to distribution, questions may arise as to when services, discounts and rebates should be invoiced, and when they should be mentioned on factors or credit notes.

Failure to comply with these rules can result in substantial financial penalties.

A significant imbalance in commercial relations can lead to civil fines of up to 5 million euros.

As the analysis is highly casuistic, it is advisable to consult a lawyer, in case of doubt, in order to evaluate and balance the terms and conditions of your distribution contracts to avoid such sanctions.

The single agreement governs relations between suppliers and distributors, particularly in the agri-food sector. It must include detailed information on sales conditions, discounts and commercial cooperation. To ensure that it is implemented, we recommend that you regularly review your contracts with the help of a specialist lawyer, to check that they comply with current regulations.

Each distribution sector has its own regulations. For example, the agri-food sector is subject to the Egalim law, while pharmaceutical distribution has specific licensing and compliance requirements.

To manage these specificities, it's essential to stay informed about the laws and regulations in your sector, and to work with a lawyer who can advise you on the best practices to adopt and avoid prohibited practices.