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Prohibition of the “skin-friendly” claim for biocidal products: ECJ decision
ECJ, 20 June 2024, C-296/23 The Court of Justice of the European Union has ruled that the “skin-friendly” statement for a biocidal minimizes the biocidal risks and is misleading. It adopts a very strict conception of authorized biocidal claims.
Anticompetitive practices: increased risk of criminal liability of natural persons
Fine of €76.6 million for a landmark decision in many ways! Focus on the use of criminal procedure by the Fr Competition Autorities
ESG and competition law: get informal guidance on your project’s compliance
Closely following the European Commission’s model, the French Competition Authority (FCA) now allows companies to seek informal guidance on the compliance of their ESG projects with competition law.
French Fraud’s annual report: Priorities remain the same, obligations of professionals are more stringent
On May 3, 2024, the Fr Frauds (DGCCRF) published their 2023 activity report and its agenda for 2024.
The main focus in 2024 remains climate change and greenwashing, as well as fairness of transactions, both at B2C and B2B levels.
Contracts with consumers – the brand is essential information
The Court of Cassation clarifies the importance of the brand as pre-contractual information and sheds light on the respect of contractual formalism: informing the consumer of the professional’s obligations without adhering to them does not prevent the contract’s nullity.
Price reductions on food products: one of the French headaches to protect farmers
All consumer products will be affected by the limitation on price reductions starting April 1, 2024, should you review your promotions?
Product safety and competition: less is not more, even to protect the sector!
Agreements between competitors to limit incentives to bring safer products to market more quickly are obviously prohibited!
IT updates are definitely in the hot seat!
Clearly characterized as a key element of conformity of the products, with burdensome connected obligations imposed on manufacturers and sellers, they are now being analyzed (and sanctioned) by the Fr Competition Authority.
The Sony group is being fined more than €13.5 million for abuse of a dominant position consisting in both updates affecting PS4 controllers competing with its own, and non transparent licensing policy.
Evidence obtained unfairly or illegally may be admitted in civil proceedings, but only under very strict conditions
This may be of use in distribution and restrictive competition practices disputes!
Consumer contracts: Fine-tuning pre-contractual information is necessary
Sellers should make sure that they provide the required information to consumers before they contract! Otherwise, the contract could be void!
Online interfaces for consumers: beware of “Dark patterns”!
The French authorities are talking about dark patterns in connection with practices on Internet, but what are they exactly?
“Lifetime guarantee: reimbursed if not satisfied”
Caution, this qualifies as a commercial guarantee!
Regulation 2022/720: what impact on your distribution schemes?
In this short presentation, we identify
the main changes to help you clarify if you must change your distribution
scheme.
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