SALES AND DISTRIBUTION SYSTEMS

Our SALES AND DISTRIBUTION SYSTEMS practice group possesses long-standing experience in the entire area of sales and distribution law. In no way is our clientele here limited to the entire Federal Republic of Germany, but rather is also strongly international. Particular weight is accorded to sales and distribution in Eastern Europe, in addition to the USA. We have had a presence in Warsaw with an office of our own since 1991. Thanks to that local presence, we are able to directly assist our clients on their way in this dynamic market, in which regard the entire professional relationship can take place in Polish.

 We render assistance to our clients in the selection of the sales and distribution system which is optimal for them. In the run-up, all of the legal issues which have to be taken into consideration are weighed against each other, without losing sight of the client’s financial aim. In this context, we have recourse to the highly-specialised knowledge of the individual members of our team. In this way, in addition to the pure contract-law issues, the tax-law, cartel-law and employment-law options are always utilised to the full. Despite the involvement of other colleagues, your personal assistance during the entire professional relationship is guaranteed through fixed contact partners.

Apart from the conceptual design of a suitable contract system, we of course work on the specific contract documents in continuous synchronisation with our clients' needs.

During the subsequent negotiations with potential contract partners, we also assist our clients in asserting their interests. Both continuous monitoring of the changing legal situation and also the resulting need for the adaptation of contract documents are part of what is regarded as self-explanatory by our SALES AND DISTRIBUTION SYSTEMS practice group.

Because disputes with competitors or contract-breaching partners can never be wholly precluded, we also place great value on the pre-judicial settlement of disputes through negotiation or mediation. Insofar as necessary, of course we also represent our clients' interests in courts and in dealings with authorities with the respectively requisite insistence.

Franchising

Without doubt, the focal point of our practice is comprehensive advice and litigation representation in the area of national and international franchising by the team led by Dr Eckhard Flohr. Due to long-standing experience, we not only possess extensive industry know-how and financial inherent understanding, but rather also excellent contacts with advisors in other disciplines who have also been conversant with franchising for a long time. Through our active memberships in numerous associations such as the German Franchising Association (Deutscher Franchising Verband) or the European Franchise Lawyers Association, we are directly involved at all times in the current franchising developments.
Selective Sales and Other Forms of Distribution.

The members of the SALES AND DISTRIBUTION SYSTEMS practice group are able to have recourse to comprehensive experience in connection with the conceptual design and introduction of selective sales and distribution systems, authorised dealer systems and commercial agent contracts as well. Core points in this context are both issues of the contractual allocation of rights and liability risks, and also the cartel law-compliant design of the sales structure. Employment-law aspects such as issues of ostensible self-employment by sales representatives for tax evasion purposes (Scheinselbständigkeit) are always taken into account by involving our lawyers who are specialised in employment law.
  

E-commerce
In no way is our expertise limited to the traditional sales channels. In particular, the sale of goods and services via the Internet is a focal point of our work. The conceptual design of online shops is as much a part of our field of activity as the co-ordination of e-commerce with traditional sales channels which exist in parallel.

Market-Leading Positions
Finally, we possess distinctive experience in asserting and defending against regular supply claims in connection with market-leading companies as well as with regard to the competition-law and cartel-law compliant design of customer loyalty systems.