Sales and procurement for producers, suppliers and retailers require ever more complex contractual arrangements, which need to take into account both the adjacent and overlapping areas of law such as German and European unfair competition law, as well as the increasing globalization of markets. We protect and optimize the sales activities of our clients by exploiting the possibilities of legal constructions in their favour, and by taking the industry and product line, as well as possible points of contention, into account. The specific requirements and economic considerations of our clients are our main priority. By drafting an optimal contract, we secure economic benefits for our clients and avoid risks and disputes. We are the trusted advisors for a number of well-known companies in this field, and we have a high degree of specialization and vast experience in cross-border contracts as well.
Our advice ranges from the design and implementation of distribution agreements, in particular
- Commercial Agents Agreements,
- Authorised Dealer Agreements
- Franchising Agreements.
We protect and optimize the sales activities of our clients by exploiting the possibilities of legal constructions in their favour, and by taking the industry and product line, as well as possible points of contention, into account.
The issues that typically arise in this context are:
- Which rights are granted to the contracting partner?
- Which is the most effective way of drafting a performance-based pay system?
- How can I contractually protect myself against certain risks, such as non-payment in the case of overseas supplies?
- Which potential compensation risks am I exposed to and to what extent can these be avoided?
- To what extent can obligations that limit competition be agreed between the parties?
- Which special features need to be taken into account with respect to foreign contracting partners?
- How can the termination of a distribution agreement with compensation claims or a post-contractual non-compete clause be dealt with?
Such issues, which are faced by every sales executive, are further compounded by the fact that the case-law, as well as both national and international legislation, establish ever-changing requirements as to the permissible design of distribution systems. In international distribution projects we collaborate with our experienced partners in the countries concerned.
Key sectors for Commercial and Distribution Law