International distribution
Our main focus on German and EU distribution law is to support our clients in establishing distribution relationships with abroad partners and setting up distribution systems at home and abroad. In addition to cross-industry experience, we have special expertise and sensitivity for legal issues related to the distribution of sophisticated and innovative technological products and services.
With our strong international focus, we support German companies in the d preparation and establishment of distribution structures abroad, especially in the USA and Canada. Conversely, we advise companies from all over the world on the establishment of distribution structures in Europe Germany.
- Distribution contracts: Review and drafting of distribution agreements
- Vertical distribution systems: Franchising, authorized dealers, sales representatives, distributors.
- Online distribution and distribution platforms: Distribution via trading platforms on the Internet, licensing issues
- Protection of innovations, IP and know-how in international distribution
- International Sale of Goods: Sales Contracts within the Scope of the UN Convention on Contracts for the International Sale of Goods (CISG)
- Foreign trade law: risk-oriented advice on cross-border trade transactions, in particular contract drafting, payment protection and enforcement of claims
- Customs law issues, in particular in connection with Regulation (EU) No. 942/2013
Review and drafting of distribution agreements
The review and drafting of distribution agreements and other distribution agreements, such as authorized dealer agreements, commercial agency agreements, general terms and conditions of distribution, confidentiality agreements form the core of our distribution law practice. In addition to professional expertise, we are characterized by a commercial mindset and a distinctly risk-oriented approach.
Protection of innovations, IP and know-how in international distribution
Innovations, operational know-how and property rights, such as copyrights, trademarks or patents) can result in considerable competitive advantages. We show ways and means how registered and non-registered property rights, as well as know-how in distribution relationships can be effectively protected.
Franchise law and franchise systems
Advice on franchise law for franchisees and franchisors. Drafting of franchise agreements and ancillary agreements in the franchise relationship. Support of foreign franchise systems in establishing themselves in Germany.
Overview of our expertise in franchise law.
Competition law aspects in distribution
While the regulations of the GWB are applicable to distribution agreements without a foreign connection, distribution agreements with a foreign connection are subject to harmonized European competition law. Particularly relevant in the area of distribution law are Section 101 (1) TFEU and various exemption regulations, in particular Regulation (EU) No. 330/2010 on the application of Article 101, paragraph 3 of the Treaty on the Functioning of the European Union (TFEU) to categories of vertical agreements and concerted practices (so-called vertical BER).
Areas of focus:
- Territorial protection and sales restrictions: Exemption of certain provisions in distribution agreements on territorial protection and sales restrictions from Art 101 (1) TFEU within the scope of Regulation (EU) No. 330/2010 (Vertical Block Exemption Regulation).
- Protection of competition and non-competition clauses
- Selective distribution
In our practice in franchise law, we successfully assisted a franchise system from the food sector in entering the German market.
