Nicolas Ferrier

University of Montpellier, Centre de Droit de l’Entreprise (Montpellier)
Professor

Nicolas Ferrier, Professor at the University of Montpellier, directs a Master of Distribution and Business contracts Law. He has co-authored a book of Distribution law (Lexisnexis editions) and contributes to the annotation of the Commercial Code (Lexisnexis editions). He’s editorial director of the monthly Distribution Newsletter, published by the Centre du Droit de l’Entreprise of Montpellier. He leads the team in charge for the Commercial Practices Study Commission (CEPC) of the annual review of the jurisprudence related to restrictive competitive practices.

Linked authors

Fidal (Lyon)
Université d’Evry
Université Jean Moulin - Lyon III
University of Aix-Marseille
Concurrences (London)
University Paris II Panthéon‑Assas
ESSEC Business School (Cergy)
Mayer Brown (Paris)

Articles

2612 Review

Nicolas Ferrier Franchise: The French Supreme Court and the Paris Court of Appeal consider that the franchisor or licensor is not required, by virtue of its duty to assist, to renegotiate terms of the agreement to remedy the distributor’s economics difficulties (Steelcase / Diapason ; Bourgoin Spirit / Esprit corps de France...)

214

A number of recent decisions call for a review of the obligation on network promoters to assist their distributors faced with economic difficulties. While this issue presents obvious practical challenges, it raises more fundamental questions about the legal approach to contractual (...)

Nicolas Ferrier Commercial agency: The French Supreme Court and the Paris and Chambery Courts of Appeal specify the conditions under which serious misconduct on the part of the commercial agent excludes indemnity for termination (Cerba...)

107

According to Article L. 134-13 of the Commercial Code, the commercial agent loses the right to severance pay provided for in Article L. 134-12 in the event of, inter alia, serious misconduct. The exception raises questions relating in particular to the conditions under which such misconduct, if (...)

Nicolas Ferrier Selective distribution: The Paris Court of Appeal considers, by a concrete examination, that running a brick-and-mortar store is a lawful criterion to be imposed to candidates to a selective distribution network (Concurrence / Samsung Electronics France)

315

The Internet is testing selective distribution networks (see not. L. Vogel, Réseaux contre plates-formes : la distribution sélective à l’épreuve de l’internet, in Études en l’honneur du professeur Jérôme Huet, LGDJ 2017, p. 401), and regularly raises questions about the balance to be struck between, on (...)

Nicolas Ferrier Franchise: The Paris Court of Appeal clarifies the concept of distribution network to appreciate the scope of a non-competition clause stipulated in a franchise agreement (International Esthetique / Vogazur, Cleha Beauté)

191

The term distribution "network", although common in practice and present in certain provisions (not. com. C., art. L. 146-1; art. L. 330-3 and L. 341-1), is not the subject of any legal definition. The concept remains delicate to grasp, even though it presents real practical issues, (...)

Nicolas Ferrier Refusal to select: The Paris and Aix-en-Provence Court of Appeal confirm the freedom to select in selective distribution system (Chaumet International / L’Hermine ; Concurrence / Sony Europe)

286

Two recent rulings by the Courts of Appeal of Paris and Aix-en-Provence recall the freedom of selection of the developer of a selective distribution network. In the judgment of 12 December 2018, a distributor (company C.) had been in a relationship with Sony for many years, until the (...)

Nicolas Ferrier Franchise: The French Supreme Court confirms that franchisors are free to reorganize their distribution network and not to renew the contracts concluded with franchisees (CMB Méditerranée / Foncia...)

264

In eight judgments rendered on the same day (on which, see also N. Ereseo, Lettre distr. oct. 2018), the Court of Cassation largely confirmed the solution rendered by the Court of Appeal of Versailles in a dispute between the promoter of a real estate agency network structured around a (...)

Nicolas Ferrier Absence of territorial exclusivity: The French Supreme Court rules that without territorial exclusivity granted to the franchisee, the franchisor is not compelled to inform its franchisee of its decision to set up new franchisees on its physical trading area (Casino France)

208

In the context of a dispute between a franchisee under the Spar name and its franchisor, the former, which did not enjoy any territorial exclusivity, terminated the contract, accusing the latter in particular of having breached its duty of loyalty by not informing it of the installation of (...)

Nicolas Ferrier Transfer of client base: The Paris Court of Appeal cancels the post-contractual non-compete clause provided in a franchise agreement because of its incompatibility with the franchisor’s agreement to transfer its clients to the franchisee (Eclade, Esole, Main Street, Erwan Flatres, Cle Anglaise, Success Story, Success Story le Mans / Bernard et Nicolas Soinne, Educational Programs Master France)

246

The judgment under comment is curious, both in terms of the situation which is its argument and in terms of the solution which it seems to enshrine. The situation was the result of two agreements concluded between a master franchisee and certain franchisees of the network it had created. The (...)

Francois Chenede, Nicolas Ferrier, Sarah Bros, Simon Hotte From the contractual abuse sanction to the sanction of restrictive practices of competition (Towards a new competition law?, Lyon, May 28th, 2015)

619

The conference that took place in Lyon on May 28th 2015 dealt with the future of competition law. The speakers of this panel got back to the strong link between unfair competition behaviors against professionals and those against consumers. Particularly, Sarah Bros and François Chénedé got back (...)

Books

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