Commercial and distribution law

YOUR CHALLENGES

The purchasing, production and distribution of products and services is a central component of every company and is crucial to its competitiveness and business success. In view of the globalisation of trade and distribution channels, national and cross-border legal issues relating to contract, distribution and commercial law continue to gain in importance, particularly for companies from an export-oriented nation such as Germany.

 

Be it the trade of goods and services, the optimisation of distribution channels, negotiations with distribution partners or the establishment of franchise systems – our clients are particularly interested in long-term and, above all, legally secure contractual relationships. At the same time, domestic and foreign manufacturers, purchasing departments, sales agents and importers have to master an increasingly complex, multi-layered web of contracts and develop them strategically.

OUR SOLUTIONS

We support you in the drafting and negotiation of your supply contracts, purchasing and delivery conditions as well as in strategic planning through to your operational issues in day-to-day business. This also includes all contracts in the areas of commercial agency, authorised dealer, franchise and licence law, taking into account European law and, in particular, antitrust law requirements.

 

Should problems arise with suppliers or customers after the end of a contract, we will represent you in compensation claims from commercial agents or authorised dealers. We also support you in the enforcement of or defence against opposing claims before ordinary courts, arbitration tribunals or by means of alternative dispute resolution. At the same time, we always focus on risk-reducing and damage-avoiding contractual arrangements from the outset.

 

We also focus on the area of product liability. Here we advise our clients in connection with claims for subsequent fulfilment, claims for damages as well as product warnings and product recalls.

OUR SERVICES

  • Structuring and development of distribution systems taking into account distribution antitrust law
  • Advice on corporate activities on the German and European markets
  • Advice on international co-operations and joint ventures
  • Commercial agency and authorised dealer agreements
  • Franchise and licence agreements
  • Supply and purchase agreements
  • General terms and conditions (AGB)
  • Advice and representation in warranty and liability issues; product liability
  • Support with product recalls and product warnings
  • Agreements on financing and payment security
  • Payment protection and export financing issues
  • Establishment of representative offices, branches, subsidiaries or joint ventures
  • Employee training in distribution law
  • Extrajudicial and procedural representation in disputes with competitors and contractual partners
  • Representation in litigation and arbitration proceedings (ICC, DIS, etc.) and mediation
  • Legal review, advice and representation in compensation claims and non-competition clauses