Hamza Law Firm provides advice and services in support of the organization of the commercial activity of our clients including competition law, distribution law and franchises.
Our services follow the evolution of the economic law and comply with the needs of the companies in all the sectors of activities. The most appropriate solutions are provided, according to the regulations, for all your problems (sales / purchase conditions, partnership, outsourcing, services, distribution …)
Economic operations are carried out thanks to the various legal tools that we provide to our clients.
We help you in the prevention of offenses and the fight against prohibited anti-competitive practices, mainly:
- Concerted actions, cartels and anticompetitive agreements that impede the free exercise of competition and which aim to control production, markets, investments or technical progress.
- Exploitation of a dominant position or a state of economic dependence on client or supplier companies that do not have alternative solutions for marketing, supply or service provision (refusal to sell or purchase, the imposition of a minimum resale price, imposition of discriminatory terms of sale, termination of commercial relations without cause or when the partner refuses to submit to abusive commercial conditions).
- We intervene before the competent jurisdictions, in claims and lawsuits filed by or against the company. We take care of the defense of your rights in litigation and arbitration in case of unfair competition.
We also assist you in the initiation of proceedings before the Competition Council, in the framework of its advisory and jurisdictional powers, in the case of a request for consultation or a legal request relating to anticompetitive practices:
- Assisting consumer organizations, professional organizations and trade unions in their request for consultation on competition issues in the sectors under their jurisdiction.
- Supporting producers, traders, service providers and intermediaries in their complaints concerning anti-competitive practices (cartels, abuse of dominant position, abuse of economic dependence, improperly low prices), including practices and agreements which grew abroad and that have adverse effects on the internal market.
- Appeal against decisions rendered by the Council, in the Administrative Court, in the context of referral or complaint concerning anti-competitive practices.
Distribution Law and Franchises
Hamza Law Firm offers advice and prepares legal documents to carry out the franchise business.
The scope of the franchise may contain various activities in entrepreneurship, distribution business as well as civil activities (artisanal, agricultural or liberal). Its purpose relates to operations in various sectors for the distribution of products (vehicles, clothing, computer …), the provision of services (Leisure and Culture – Health-Beauty-Fitness – Technology …) as well as industrial franchises.
The legal nature of the franchise agreement as confirmed in international practice implements several legislative fields with a reconciliation of various legal matters including the law of commerce, company law and the exploitation of intellectual property rights.
Our long experience in intellectual property allows us to provide the best support to franchisors and franchisees to establish franchise contracts that obey a complex and rigorous regulation.
Thus, we draw-up the contracts (franchise contract, commercial agency, distribution) and the sign licenses are drawn up. We also deal with the problems of distribution contracts (termination, non-renewal …), the breakdown of relationships and the problems of distribution and collection of royalties.
Due to the complex legal reality of the franchise, the franchisee’s recourse to a specialist in the field is necessary to obtain legal advice on the scope of his commitments, the operating conditions of the activity concerned and the margin of possible negotiation of the contract concern the initial investment and the expenses that it will have to assume (the entry fee, the royalties, the development and upgrading expenses of the local franchisee, the duration of the contract, the modalities of breaks or at the end of the contract, exceptions to the exclusivity of supply, as well as specific conditions in the event of supplier failure).
We defend the rights of our franchisors or franchisees when they are victims of unfair competition or anti-competitive practices.