ECONOMIC LAW
LexInter | June 12, 2002 | 0 Comments

ECONOMIC LAW

Economic law was defined by one author as being a law where the center of gravity is the business . Beyond commercial law, it envisages the collective organization of the economy both by private initiative and by public authorities.

Economic law is shared between civil courts and administrative courts, not to mention criminal courts.

This is how appeals against decisions of the Competition Authority and the AMF are brought before the Paris Court of Appeal.

On the other hand, decisions taken by the Minister of the Economy and Finance on the basis of the opinion of the Competition Authority may be appealed to the Council of State.

Likewise, sanctions decisions (such as those pronounced by the AMF) can be appealed to the Council of State.

The market economy has established itself as a system of a globalized economy since the beginning of the 1990s, with the fall of the Berlin Wall. It is an economy which is thus governed by market law, with a system of competition and financialization of the economy due to the role of financial markets in financing the economy.

The functioning of the market in commerce is governed by the law of marketing and by the law of distribution.

The last section of economic law is that of economic agents, companies?

 

MARKET ACCESS

Limits and obstacles to market access due to competition from public bodies

Public services – Public monopolies

Competitive sector and privatizations

Limits and obstacles to market access due to the regulation of professional activities

Barriers to market access due to the regulation of distribution channels

Barriers to market access due to contractual restrictions

FREEDOM OF PRICES, CONTROL OF COMPETITION AND MARKET TRANSPARENCY

Competition control

Price freedom and its exceptions

Information on prices and conditions of sale

BREACH OF FREE PLAY OF THE MARKET

Anti-competitive practices

Agreements

Abuse of dominant position

Restrictive practices

Concentrations

MARKETING TECHNIQUES

Publicity

Advertising organization

Advertising contracts

Corporate patronage, sponsorship

Special advertising regimes: audiovisual advertising, display advertising, products and services subject to a special advertising regime

Comparative advertising

Misleading advertising

Methods of selling and providing services

Door-to-door door-to-door sales

Distance Selling

Promotion by price: discounts, free credit, etc.

Tied sales

Lotteries and contests

DISTRIBUTION CIRCUITS

Distribution by employees

Distribution by ordinary employees

Distribution by sales representatives

Branch managers

Distribution through intermediaries

Commercial agents

Commissionaires

Brokers

Merchant custodians or consignees of goods

Distribution by resellers

Distribution agreements

Exclusive supply agreements

Exclusive distribution agreements

Selective distribution agreements

Franchise agreements

Distributor groups

Distributor networks

Central purchasing and referencing

Corporations and collective stores of retailers

ECONOMIC LAW SANCTIONS

Criminal law of business affairs

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