On 19 May, Directive (EU) 2024/1226 on the definition of criminal offences and sanctions for breaches of EU restrictive measures, adopted by the EU Council on 24 April, entered into force.
By harmonizing the laws of the...more
On December 30, 2024, the European regulation of May 31, 2023 on deforestation will come into force in all EU countries. The aim of these new rules, which are designed to combat the phenomenon of imported deforestation, is to...more
6/4/2024
/ Climate Change ,
Compliance ,
Due Diligence ,
Environmental Policies ,
EU ,
Forestry ,
France ,
Member State ,
New Regulations ,
Supply Chain ,
Timber ,
Timberland
On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more
2/15/2024
/ CNIL ,
Commercial Court ,
Competition ,
Consent ,
Contract Disputes ,
Data Processors ,
Data Protection Authority ,
Distributors ,
Email ,
Enforcement Actions ,
Exclusive Jurisdiction ,
France ,
French Commercial Code ,
French Competition Authority ,
French Supreme Court ,
Internet Retailers ,
Jurisdiction ,
Online Platforms ,
Sales & Distribution Agreements ,
Terms and Conditions ,
Unsolicited Advertisements
In an important judgment handed down on 29 June 2023 (Case C-211/22), the Court of Justice of the European Union (the "CJEU") ruled that a vertical agreement to fix minimum prices does not necessarily constitute a restriction...more
10/25/2023
/ Advertising ,
Anti-Competitive ,
CNIL ,
Competition ,
Compliance ,
Criminal Liability ,
Data Controller ,
EU ,
Financial Services Industry ,
France ,
French Competition Authority ,
General Data Protection Regulation (GDPR) ,
International Labor Laws ,
Targeted Digital Advertising ,
Treaty on the Functioning of the European Union (TFEU) ,
White Collar Crimes
Dawn raids: the First President of the Paris Court of Appeal orders the destruction and return of mailboxes delivered by a company, whose premises had been searched, after the closure of the dawn raids.
On April 5, 2023,...more
Welcome to the first edition of the Litigation Gazette. Each quarter, BCLP's Paris team keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance.
In this...more
Welcome to Banking Bites! This is our short summary flagging some key developments in your sector that we hope will inform your activities in your market....more
10/21/2022
/ Anti-Money Laundering ,
Bank of England ,
Climate Change ,
Economic Sanctions ,
EU ,
FDIC ,
Financial Services Industry ,
Foreign Investment ,
NY Supreme Court ,
Pending Legislation ,
Risk Mitigation ,
Russia ,
UK
The COVID-19 pandemic has generated an unprecedented crisis, throwing companies into uncertainty as to the fate of their contractual commitments. In response to the legitimate questions raised by such situation, many articles...more
5/1/2020
/ Breach of Contract ,
Civil Code ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
France ,
Nonperformance ,
Performance Standards ,
State of Emergency ,
Strategic Planning ,
World Health Organization
No matter the industry, maintaining effective corporate compliance programs has never been a more essential part of operations to address the legal risks that corporates face. This article, the third in a series about...more
5/22/2018
/ Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
France ,
Non-Prosecution Agreements ,
Risk Assessment ,
Risk Management ,
Sapin II ,
Serious Fraud Office (SFO) ,
UK
Shakespeare’s observation that the “past is prologue” certainly applies to corporate criminal liability in the UK and France, as these jurisdictions embrace with gusto corporate prosecutions akin to those pursued in the US...more
4/13/2018
/ CJIP ,
Compliance ,
Corporate Crimes ,
Corporate Criminal Fines ,
Corporate Liability ,
Criminal Prosecution ,
Failure to Prevent ,
Foreign Corporations ,
Foreign Subsidiaries ,
France ,
Respondeat Superior ,
Subsidiaries ,
Tax Crimes ,
UK ,
UK Bribery Act
Summary: Deferred prosecution agreements have been widely used by US prosecutors since the early 2000s. Prosecutors in the UK and France only obtained this power in 2014 and 2016 respectively – but they are making up for...more
4/13/2018
/ Anti-Bribery ,
Anti-Corruption ,
CJIP ,
Compliance ,
Corporate Crimes ,
Criminal Investigations ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Actions ,
France ,
Non-Prosecution Agreements ,
Serious Fraud Office (SFO) ,
UK ,
UK Bribery Act
Anticorruption conventions and legislation have global reach and introduce compliance demands on companies to prevent bribery. If your business operates on the global market, there is a risk that your employees or...more
Wrong. The law Sapin II (Law 2016-1691 of 27 December 2016) has been in force for several months, but the consultation draft of the guidelines is not expected to be issued by the Agence Française Anti-corruption (AFA) (French...more
Recent years have seen a significant increase in the number of private competition claims in the European Union. The Claimants' guide to Antitrust/Competition Litigation in the European Union provides an overview of the...more
2/23/2017
/ Abuse of Dominance ,
Calculation of Damages ,
Cartels ,
Competition Authorities ,
EU ,
Jurisdiction ,
Price-Fixing ,
Private Right of Action ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Competition and Markets Authority (CMA)
Dans notre monde des affaires désormais mondialisé, nombreuses sont les contraintes d’ordre juridique, dépassant le strict cadre national, qui sont depuis longtemps maîtrisées par les acteurs économiques, que ce soit, par...more