Thierry Titone is in charge of the department of Fidal Direction Internationale’s Contract and Distribution law department. He works both as a legal advisor and as a litigation lawyer in Distribution law (management of the distribution structures, optimization of tariff policies), Contract law (franchise, commercial agencies), Consumer law (Sales Promotion, Advertising) and Standards Regulation (safety standards, product liability). Thierry has lead a large number of conferences on competition and distribution law subjects. He graduated from ESSEC (Specialized Management) and holds a post-graduate degree in Economic Law.
2047
Facts The company Prodim had granted a Shopi franchise to the company Superchamp. At the end of this contract, a non-reaffiliation clause prohibited the franchisee, for a period of 3 years and within a radius of 5 km, from operating its business under a "[competing] brand of national or (...)
2817
Facts A franchisee operating a hair salon was claiming damages from its franchisor for breach of its pre-contractual disclosure obligation under Article L. 330-3 C. com. In this case the franchisor had in particular communicated to the prospective franchisee an investment study containing (...)
1961
This legislation had been criticised in the Canivet Commission’s report in October 2004, then called into question by the European Commission in December 2006, before being the subject of reform proposals by a Commission for the modernisation of commercial equipment. The Competition Council (...)
2255
A former franchisee was claiming compensation from the franchisor on the basis that he was prevented, after the termination of the contract, from exploiting some of his customers. The franchise agreement contained a post-contractual non-competition undertaking on the part of the franchisee. (...)
2244
Facts A franchisor in the textile sector had introduced a formula of "remote control of the women’s ready-to-wear department" which it had applied to a franchisee. The franchisee, citing the low profitability of its store and its difficulties in being delivered, terminated its relationship (...)
1784
Facts A franchisee signs, on 17 April 2000, a franchise contract for the operation of a marriage agency, as well as a computer subscription contract with a company belonging to the group of its franchisor. In 2004, the franchisee claimed that the franchisor had not complied with its (...)
1825
Facts An online operator (Rue du Commerce) undertook an advertising campaign comparing its IT and electronic products to those referenced online by competing distributors. One of them (Fnac), selling both online and in shops through two different entities, acted through the latter in (...)
2206
The law ratifies Order No. 2005-136 of 17 February 2005 on the guarantee of conformity of the goods to the contract due by the seller to the consumer. In addition, it modifies the wording of Article L. 211-16 of the Consumer Code relating to the guarantee of conformity. This article now (...)
1954
Facts A membership agreement for a franchise network stipulated that the franchisor had an obligation to "propose to its members plans to take over or create points of sale". Four years after the sale of the shares in their operating company, two former franchisees who were still members (...)
2509
Pursuant to Article 83 of the Law of 9 December 2004 on the simplification of the law, Article 1 of the Ordinance establishes the right of the DGCCRF to propose, under the supervision of the judicial authority, a settlement agreement to the authors of parking tickets. This procedure concerns (...)
1993
Facts Franchisees having terminated their contracts with their franchisor, the latter assigned them in payment of arrears and severance pay. The franchisees counterclaimed for cancellation of the contract. The judges on the merits granted their request, but the judgment was overturned by (...)
1761
Facts and procedure During a procedure for awarding contracts for the construction of works, some candidates met to exchange information enabling them to submit the lowest bid in order to pre-award the contracts and then submit bids for cover. By an order of 14 November 1996, the President (...)
1896
The Law of 23 February 2005 amends certain provisions of the Commercial Code and the Rural Code as regards the rules on the price of fruit and vegetables and the advertising of such prices. These new provisions entered into force on 25 February 2005, subject to those whose application is (...)
1915
Facts In Decision No. 03-D-96 of 3 March 2003, the Competition Council found against the main suppliers of prefabricated concrete staircases in the Paris region and the Centre region for sharing the markets and fixing their prices in a concerted manner within the "staircase clubs" set up in (...)
2254
We draw your attention to article 71 of law n°2004-810 of 13 August 2004 (JO 17 August 2004) relating to health insurance. This article amended Article L. 311-3 of the Social Security Code, which lists a series of persons subject by law to the general scheme. Thus, are added to this list, (...)
