Your partner in distribution, franchising & agency
What does distribution, franchising & agency mean?
An important question for virtually every entrepreneur with national and/or international growth ambitions is which distribution model best fits their company's business profile and short- and long-term goals. Distribution, franchising, and agency agreements are common forms of commercial contracts used for selling and marketing goods and services with the help of third parties. While these three forms of collaboration may appear similar at first glance, there are significant differences in the systems and applicable rules. For instance, a distributor in a distribution agreement acts on its own account and at its own risk, a franchisee operates in accordance with a business concept or sales formula, and an agent mediates sales on behalf of the principal (supplier) and at the supplier's risk.
The choice of a specific distribution model and its design depends on factors such as the type of product or service being traded, the importance of online sales, the distribution of liability, the remuneration system, and the desired level of influence the supplier wishes to retain over the sales and pricing policy of its customers. Each distribution model has its advantages and disadvantages. Our lawyers are here to advise you on which structure best suits your business.
What is our experience in distribution, franchising & agency?
We have a specialised Distribution, Franchising & Agency practice group. Our lawyers have extensive experience providing legal support to companies operating nationally and internationally. Our expert and dedicated team delivers high-quality legal services with a practical and results-oriented approach and acts as a strategic partner when assessing the commercial implications of various distribution models. We have successfully handled cases across a wide range of sectors, including retail, food, healthcare, and construction.
Our services include:
- Drafting, reviewing, or advising on (amending or terminating) distribution, franchising, and agency agreements;
- Advising on the establishment of national or international distribution networks;
- Representing clients in court proceedings and arbitrations concerning disputes related to commercial collaborations;
- Advising on the dismantling of franchise or distribution chains;
- Assisting with the restructuring of distribution systems, such as transitioning from a traditional distribution model to a commission-based or agency model;
- Providing advice to trade or business associations on implementing distribution, franchising, or agency relationships;
- Advising and litigating on competition law matters in the context of distribution agreements.
Our team has particular expertise in the automotive industry. We represent dealerships, national and European dealer associations for several major car brands, and the largest trade association in the Dutch automotive sector.
Additionally, our team contributes to and represents the Netherlands on the leading European platform for distribution law: the Distribution Law Center ("DLC"). The DLC is recognised as a go-to platform for up-to-date information on European and national distribution law, featuring insights from specialised law firms across 27 European countries.
We continuously invest in staying abreast of legal and market developments. This enables us to provide pragmatic and strategic advice, ensuring you can conduct business with peace of mind. A good example is our tailored compliance programmes.
Specialists
