International distribution
Our main focus in distribution law is to support our clients in establishing distribution relationships 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 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
- Points of contact between employment law and sales law: in particular, agreements on performance-related remuneration components for employees in sales (commission agreements)
- 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
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.
