Your partner in distribution, franchising & agency

What does distribution, franchising & agency mean?

An important question for basically every entrepreneur with national and/or international growth ambitions is which distribution model best fits the company's business profile and short- and long-term goals. Distribution, franchise and agency agreements are common commercial contract forms for selling and marketing goods and services with the help of third parties. At first glance, these three forms of cooperation are very similar, but there are major differences between the systems and applicable rules. For example, a distributor in a distribution agreement acts for its own account and risk, a franchisee performs its activities in accordance with a business concept or sales formula, and an agent mediates sales for the account and risk of the principal (supplier).

The choice of a specific distribution model and its design depends, among other things, on the type of product or service being traded, the importance of Internet sales, the mutual distribution of liability, the remuneration system and the desired scope for the supplier to influence the sales and pricing policy of its customer(s). Each distribution model has its own advantages and disadvantages. Our lawyers will be happy to advise you which structure best suits your company.

What is our experience in distribution, franchise & agency?

We have a specialized Distribution, Frachise & Agency practice group. The lawyers in the practice group have extensive experience in providing legal support to companies doing business nationally and internationally. Our expert and driven team not only provides high-quality legal services with a practical and results-oriented approach, but also acts as a strategic sparring partner, if required, when weighing the commercial implications of various forms of distribution. We have handled successful cases in a variety of sectors, including retail, food, healthcare and construction.

Concrete activities include:

• Drafting, or advising on (amending or terminating) distribution franchise and agency agreements;
• Advising on the establishment of national or international distribution networks;
  Assisting in court proceedings and arbitrations in disputes concerning commercial collaborations;
• Advising on the dismantling of franchise or distribution chains;
• Advising and assisting in the restructuring of distribution systems, for example from classic distribution to the commission agent or agency model
• In matters between trade or business associations and a contractual counterparty, advising on the practical implementation of members' distribution, franchise and/or agency relationships;
• Advising and litigating on a wide range of competition law issues in the context of distribution agreements.

Our team has particular experience in the automotive industry. In addition to dealerships, our team represents national and European dealer associations of several major German, French, Italian, British and Korean car brands, as well as the largest trade association in the Dutch automotive sector.

In addition, our team is the Dutch contributor and representative for the leading European platform for distribution law: the Distribution Law Center ("DLC"). The DLC has proven to be the go-to platform providing essential and up-to-date information on European and national distribution law. Specialized law firms from 27 European countries provide unique tools and reports on important developments through the online platform.

We continuously invest in keeping our legal knowledge up-to-date and stay abreast of current market developments. This knowledge enables us to provide pragmatic and strategic advice so you can do business with peace of mind. An example of this is our customized compliance programs.

When should you hire a distribution, franchise & agency attorney?

Engaging an attorney in this area is recommended when you are faced with issues related to entering into new commercial collaborations, establishing, restructuring or terminating a distribution system or when you are dealing with an (imminent) dispute in the distribution chain. Our lawyers will help protect your rights and interests and guide you through any legal proceedings. It is important in these types of situations to seek timely legal advice to identify potential risks and, if necessary, to act proactively.

What is our working method?

We take a personal approach in which we thoroughly analyze your specific situation. We listen to your company's needs and objectives so that together we can determine the most effective strategy. Our lawyers have extensive knowledge and experience to support companies in all their commercial collaborations. We work closely with other lawyers within our full-service firm, enabling us to provide a comprehensive service. Whether it concerns advice, negotiations, (legal) proceedings or compliance, we are ready to assist you in any area of distribution, franchising and agency.

What is the hourly rate of our distribution, franchise & agency lawyers?

The cost of our legal services varies and depends on the experience of the attorney involved and the complexity of your case. We strive to offer the right attorney with the rate appropriate to your case. In doing so, we strive for transparency and fairness in our pricing. We work exclusively on a paying basis and our work is billed to you on an hourly basis. We will provide an estimate of expected costs and any additional expenses in a personal meeting.

Why choose our distribution, franchise & agency attorneys?

• Experienced: our attorneys have extensive experience handling a variety of distribution, franchise and agency cases.
• Practical approach: we provide high-quality legal services with a practical and results-oriented approach.
• Broad expertise: the Distribution, Franchise & Agency practice group also has in-depth knowledge of (European) competition and commercial law, enabling us to support you in all areas.
• Personalized approach: we listen to your specific needs and objectives, and work together to develop the most effective strategy.
• Comprehensive service: our experts work closely with other lawyers within our full-service firm to provide you with a total solution.
• Transparent communication: we strive for transparency in our communications, including when it comes to fees and appointments.

With us, you are assured of professional support in the areas of distribution, franchising & agency. Please contact our lawyers to receive more information or to schedule a free consultation.