Trade & Distribution
We have specific expertise in trade & distribution matters. This includes advice on trade and distribution of products and resulting liability aspects as well as questions in the area of purchasing. Based on the objectives of our clients, we optimise individual commercial agreements as well as general terms and conditions. In particular, we support companies in designing and optimising their distribution systems, whether in Germany, Europe or worldwide, taking into account the relevant competition law and compliance-related aspects. We know which aspects should be dealt with when it comes to managing related risks, in close cooperation with our clients‘ compliance departments.
Our expertise in product compliance and product liability also plays an important role in this context. A forward-looking, intelligent design of the respective contracts allows our clients to limit the relevant risks or even exclude such risks from the outset. We know about product law requirements, pitfalls and risks, and how to map them properly and efficiently.
In addition, we represent our clients in disputes with their contractual partners - in particular with suppliers, customers and distribution partners. This includes assistance in pre-trial disputes and settlement negotiations as well as disputes before state courts and arbitration tribunals, e.g. with respect to disputes about alleged product defects or a supposedly inadequate certification of products.
We regularly give lectures on these topics and publish in well-known media. For example, Dr. Heiko Franke is an author in the renowned commentary "Distribution Law" (Vertriebsrecht) by Flohr/Wauschkuhn.
- Designing/structuring distribution systems and distribution contracts (distributors, commercial agents, franchisees, commission agents/commissionaires)
- Litigation and dispute resolution in commercial and distribution disputes (e.g., disputes with distributors, commercial agents, franchisees)
- Contract drafting considering in particular product compliance and product liability aspects
- Assistance in contract negotiations
- Advice on sales and supply agreements and general terms and conditions of sale
- Advice on purchase agreements and general terms and conditions of purchase
- Competition law concerning vertical agreements
- Sales compliance
Find out more?
We are at your disposal for any questions you may have and of course for a personal conversation.
Phone:+49 211-78 17 36 10
For a little more than half a year now, the Law on the Protection of Trade Secrets (GeschGehG) (the “Law”) has been in force. In implementation of the EU Directive 2016/943, the Law brought about some fundamental changes in the area of protection of trade secrets.