Trade and distribution law
Companies have various reasons for deciding not to distribute their goods and services themselves but via independent sales representatives instead. Numerous companies have relied on our expertise in recent years, not just when arranging and maintaining distribution activities but also when terminating and insourcing distribution activities.
»Creation of sales contracts and systems
We have a wealth of experience in implementing sales systems with authorised dealers, trade representatives or franchise partners and structuring online sales systems. We provide both companies and sales personnel with advice on the conclusion, creation and negotiation of sales contracts as well as on all ongoing issues and conflicts.
Besides classic disputes concerning (post-contractual) commission, the effective agreement and enforcement of exclusive distribution rights and prohibitions of competition, our focal points also include the assertion and defence of requests for information (for example, extracts from accounts).
»Termination of sales agreements and settlement disputes
The validity of ordinary and extraordinary termination is rarely disputed in any other areas of consultancy as fiercely as it is in relation to the termination of sales agreements. In this area, we support our clients with the initiation, defence and (judicial) review of notices of termination.
We consistently enforce our clients' interests in the case of related conflicts concerning the existence and amount of settlement payments resulting from the termination of sales agreements and the enforcement of post-contractual prohibitions of competition. This primarily involves disputes concerning distributor settlement in accordance with Article 89b of the German Commercial Code (HGB, Handelsgesetzbuch) and the enforcement and defence of claims for payment of compensation for observing the prohibition of competition (Karenzentschädigung).
»Sales cartel law
Distribution contracts typically include restrictions on competition: territory or customer protection clauses, sales prohibitions, price fixing, exclusive purchasing or supply obligations, preferred supplier clauses and prohibitions of competition during and after the term of the contract. We advise our clients on creating contracts for national and international distribution in compliance with cartel law. Our solicitors also develop and restructure distribution and discount systems.
We have particular practical experience and industry knowledge in the sectors of medicine and medicinal products, cosmetics, plant construction and the brokerage of gambling.