What conclusions can we draw from these annual commercial negotiations in France?

In recent months, several major players in the sector have been targeted, including the joint purchasing alliance of Intermarché, Auchan, and Casino, for delays in signing agreements or for practices deemed non-compliant with transparency and formal requirements.
Beyond the amounts of the fines, these decisions also illustrate a persistent tension regarding the allocation of responsibilities, with distributors regularly invoking delays imputable to suppliers, while the latter denounce late or unbalanced negotiation terms.

What does the 2026 report of the French Observatory of Commercial Negotiation say?

Following these first sanctions, the French Observatory of Commercial Negotiations published its report on April 23, 2026. While certain structural concerns remained, the analysis of data reveals a more nuanced picture of the 2025-2026 negotiations round.

• A form of stabilization of negotiations on tariffs, with requests for more moderate increases than in previous years, against the backdrop of a gradual emergence from the inflationary crisis
• An overall stability of the prices following the negotiations, though masking contrasting evolutions across categories of products (some in decline, others still on the increase)
• A persistent heterogeneity in commercial practices, both in discount levels and in the structuring of prices
• A still imperfect implementation of mechanisms related to agricultural raw materials, whose non-negotiability is accepted in principle but continues to spark debate regarding its justification and its integration into prices
• An increasing use of automatic adjustment clauses, the effectiveness of which, however, depends heavily on their wording and the contractual parameters selected

Once signed, can summary commercial agreements be renegotiated?

In principle, no, unless by the implementation of contractual mechanisms established between parties. However, as we have seen in recent years, crises related to health or geopolitics of these past years disrupt the fragile contractual balance that was supposed to have emerged during the signing of these summary commercial agreements.
We recall the start of the war in Ukraine, which led to a rise in the prices of certain raw materials, in addition to the surge in energy costs and a “reopening of commercial negotiations” supported and encouraged by the French government.
The war in Iran and the blockade of the Strait of Hormuz is now reflected by the surge in oil costs as well as by shortages of certain raw materials (oil, fertilizers, agricultural products, metals).

What will the situation be like in 2026?

Michel-Edouard Leclerc (Chair of the Strategic Committee for E.Leclerc Stores) has already spoken against a possible reopening of commercial negotiations (which were, in principle, concluded by the signing of a convention on March 1, 2026). These events highlight a structural limitation of the system: the summary agreements are based on an economic balance established at a given moment, but this balance is, by nature, fragile and likely to be quickly disrupted. Of course, in the face of these developments, suppliers of mass-market retailing are not entirely left without legal recourse.

How to safeguard contracts in times of economic and geopolitical crises?

The French legal framework, particularly regarding agri-food products, provides for various mechanisms that allow to adapt a contract in the course of performance: automatic adjustment clauses, renegotiation clauses, transparency provisions, force majeure, hardship clause, or recourse to a mediator. It is in these situations that the contract reveals its full power… or its powerlessness.

How can one implement an automatic price adjustment clause or a renegotiation clause when the supplier has not defined with sufficient precision the conditions of their implementation, the indicators, the trigger thresholds, the deadlines and the practical methods for exchanging information? Without sufficiently robust contractual foundation, the supplier often finds itself trying to “make up for” the situation by invoking force majeure or unforeseeable circumstances arguments, with all the uncertainty that brings and, at the same time, the threat of logistic penalties or delistings.

In this context, the legal mechanisms that are supposed to serve as safety nets are only fully effective if they have been anticipated, understood and integrated into the negotiation strategy right from the outset. Otherwise, they remain theoretical tools, difficult to invoke in an emergency facing a distributor, who invokes, in turn, the constraints of its own margins and of the regulatory framework.

What lessons can be learned from the 2026 commercial negotiations?

Two lessons can be drawn from this round of negotiations:

• While March 1^st officially marks the end of commercial negotiations, the reality may be different: the summary conventions that were signed are nothing other than a snapshot at a given moment of an economic balance that is, by its very nature, moving
• Understanding the Egalim law and, more generally, the legal formalities closely tied to commercial negotiations is complex, which is why commercial negotiations must be prepared well in advance and early enough, especially if the supplier is a foreign company

The 2027 commercial negotiations are already under preparation: The emergency law passed by the French Parliament

Although the 2026 summary agreements were recently signed, the framework applicable to the next negotiations may already be evolving. On July 21, 2026, the emergency law for the protection and the sovereignty of agriculture (loi d’urgence pour la protection et la souveraineté agricoles) was adopted by the Parliament. Without calling into question the structure of the Egalim law, it modifies rules that may influence the relationship between suppliers and distributors as early as the next round of negotiations. Among the most significant changes are:

• Bringing forward the deadline for negotiations to January 31 for SMEs and independent mid-sized companies with an annual turnover under 350 million euros
• The extension of the pilot program established by the Descrozaille law until August 15, 2028, for fast-moving consumer goods, and until December 31, 2029, for food products and pet food products
• The strengthening of the automictic adjustment clause: when included in the general terms and conditions of sale, it becomes non-negotiable for the distributor and it must now include several mandatory indications, particularly regarding the geographic origin as well as the volume and value of agricultural raw materials
• The possibility for the distributor to challenge the conditions for implementing this automatic adjustment clause, thereby opening a new ground for discussion regarding its activation
• The creation of new restrictive practices targeting, in particular, repeated calls for bids or competitive bidding processes, as well as substantial reductions in orders during commercial negotiations. In both cases, the legislator does not prohibit these practices in and of themselves, but rather their abusive use as a bargaining tool to the detriment of the supplier
• The requirement that the distributor requesting a price reduction must support its request with objective economic data, thereby enhancing the traceability and the justification of negotiations
• Finally, while the floor price mechanism was ultimately abandoned during the parliamentary debates, the law introduces new provisions based on a “price corridor” mechanism

This development is expected to lead the operators to document their exchanges, price requests and decisions in much greater detail. The next round of negotiations will not solely take place on economic grounds but also on the basis of evidence, as each party must be capable of justifying objectively the positions that were taken during the discussions. Once again, it is therefore in companies’ best interest to anticipate these changes as they prepare for their upcoming negotiation campaigns.

And what conclusions do you draw from your 2026 commercial negotiations?

For those who wish to learn more about the applicable legal framework (structure of the summary agreement, particularities of agricultural and food products, mechanisms of transparency and of impact of cost increases, potential penalties, etc.), we refer you to our articles dedicated to the Egalim law, available on our website.