International distribution
Our focus in distribution law is on supporting our clients in establishing distribution relationships and setting up distribution systems at home and abroad. In addition to cross-industry experience, we have particular experience and sensitivity for legal issues in connection with the distribution of sophisticated technological products and services.
With our strong international focus, we support German companies in the preparation and establishment of distribution structures abroad, particularly in the USA and Canada. Conversely, we advise companies from all over the world on the establishment of distribution structures in Germany.
- Commercial agents, franchising, authorized dealers, distributors
- Sales via online trading and sales platforms on the Internet
- 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)
- Restrictions of competition and exemptions
- Expansion and market entry abroad, in particular market entry in the USA
- Distribution agreements: Review and drafting of distribution agreements
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 distribution conditions and 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.
Distribution law for commercial agents, authorized dealers and franchise systems
Comprehensive, risk-oriented and always commercially sensible advice on distribution law issues relating to commercial agency law, authorized dealer law and franchise law. Our focus is on international distribution. Of course, we also handle matters without a foreign connection.
Commercial agency law
Due to the large number of commercial agents in modern business life, commercial agency law is of great importance as a sub-area of distribution law. Advising entrepreneurs and commercial agents on legal issues arising from the commercial agency relationship.
Focus on commercial agency law:
- Review and drafting of commercial agency agreements
- Commission and compensation claims
- Non-compete clauses
- Liability of the commercial agent
- Options for structuring the use of commercial agents outside the EC internal market
Franchise law and franchise systems
Advice on franchise law for franchisees and franchisors. Drafting of franchise agreements and ancillary agreements in the franchise relationship. Supporting foreign franchise systems in establishing themselves in Germany.
Protection of innovations, IP and know-how in international distribution
Innovations, operational know-how and intellectual property rights (such as copyrights, trademarks or patents) can result in significant competitive advantages. We show ways and means of effectively protecting registered and unregistered property rights and know-how in sales relationships.
Expansion and market entry
Market entry (inbound and outbound) is one of our lawyers’ main areas of practice. We support foreign companies in entering the German market (inbound) and German companies in preparing and executing their entry into new markets (outbound). We advise on all relevant aspects, starting with the regulatory framework, liability issues, conformity requirements for products and services, distribution structures and the protection of intangible legal assets such as trademarks, copyrights and patents.
Market entry in the USA
As a German-American law firm, BridgehouseLaw has special expertise in entering the US market and initiating and conducting business in the USA. We offer comprehensive advice for companies from Germany on all issues relevant to a successful market entry, including
- Product liability in the USA
- Corporate law structures
- Review and drafting of contracts under US law
- Conformity of products and services
- Regulatory framework
Competition law aspects in sales
While the provisions of the ARC apply to distribution agreements without a foreign connection, distribution agreements with a foreign connection are subject to harmonized European competition law. Section 101(1) TFEU and various exemption regulations, in particular Regulation (EU) No 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) to categories of vertical agreements and concerted practices (so-called Vertical Block Exemption Regulation), are particularly relevant in the area of distribution law.
Focal points:
- Examination of distribution agreements and agreements under distribution law for arrangements that are inadmissible under German or European competition and antitrust law.
- Advice on exemption options, in particular: Territorial protection and sales restrictions in distribution agreements within the scope of Regulation (EU) No. 330/2010 (Vertical Block Exemption Regulation), protection against competition and non-compete obligations as well as selective distribution
- Representation in antitrust matters