Week of 5 to 11 January 2026
Distance marketing of financial services — Ordinance No. 2026-2 and Decree No. 2026-3 of 5 January 2026 (Official Journal of 6 January) overhaul the framework governing the distance marketing of financial services to consumers, updating pre-contractual information requirements and the right of withdrawal applicable to contracts concluded at a distance.
Unfair competition and disparagement — Cass. com., 7 January 2026, No. 24-18.085 — The Commercial Chamber recalls that an act of disparagement requires the public disclosure of information liable to discredit a competitor; absent sufficient publicity, the classification cannot be upheld.
Proceedings before the Competition Authority — Cass. com., 7 January 2026, No. 23-20.219 (ITM case) — Evidence gathered by investigators in breach of Article L. 450-3 of the Commercial Code is excluded from proceedings only where it prejudices the rights of the person under investigation, not automatically.
Competition Authority: conversational agents — On 9 January 2026, the Competition Authority opened an own-initiative inquiry into the competitive functioning of the conversational agent sector (generative AI) and launched a public consultation, open until 6 March 2026.
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