The distribution right as a framework for determining sales
In a world oriented towards sales and distribution, with internationally organized markets and global exchange of goods, the distribution law forms the legal framework for regulating the distribution of goods at the national and international level. The distribution law does not describe a “set of legal rules” of its own for the organisation of the sale of goods, but is rather to be understood as a overarching term for a wealth of regulations from the most varied areas of national and international law relating to the marketing of goods and services. For example, elements and case law from the areas of distribution law, commercial law, European law, antitrust law or labour law play a role in distribution law. Not to be forgotten when considering distribution law are also aspects of international regulations on the organisation of global trade as well as tax law aspects at home and abroad.
In simple terms, distribution law regulates the legal relationship and the employment relationship between companies and their distributors/intermediaries. Exemplary constellations would be contractual relationships and cooperation between insurance companies and insurance agents or suppliers and their authorised dealers. As a rule, the distribution right does not include the legal relationship with the end customer.
In addition to advising you on questions of distribution law, we represent you in the enforcement of your contractual claims and demands in court. Of course, we also support you in out-of-court dispute settlements.
How we support you in the area of distribution law:
- Individual preparation and drafting of distribution contracts:
Franchise agreements, commercial agency agreements, brokerage agreements, commission agreements, agency agreements
- Drafting of authorised dealer contracts and general terms and conditions
- Advice and support on the subject Commercial agency law
- Representation in disputes concerning commercial agent compensation (§ 89b HGB) and commissions
- Advice on the termination of commercial agents => non-compete clause and contractual penalties
- Antitrust law advice
- Drafting of supply contracts, non-disclosure agreements
- Advice on insurance
- Assertion of claims for damages
- Reversal of commercial contracts
- Handling of canceled contracts and agreements
- Advice and representation in judicial disputes also internationally
Helpful articles on distribution law and commercial law:
Press articles and publications
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