The best product also deserves the best distribution. We advise national and international companies in all industries on the structuring of their distribution and on all questions of competition and antitrust law. We create “tailor-made” exclusive or selective distribution systems and draft the corresponding contracts including general terms and conditions, terms of delivery etc.
We also check existing distribution structures and advertising concepts for their compliance with the regulations of national (e.g. UWG) and European competition and antitrust law (e.g. GWB, block exemption regulations). In the event of problems with competitors, associations or antitrust authorities, we take over the judicial and extrajudicial legal prosecution and defence for our clients.
Finally, we represent a large number of distribution partners (authorised dealers, commercial agents, commission agents/commission agents etc.) in the enforcement of claims against the respective manufacturer/system houses. We have particularly influenced the case law on commercial agent compensation (§89 b HGB) in direct and analogous application. An example of this is the compensation payment for commission agents, which we contested and which was confirmed by the Federal Court of Justice (BGH).
Dr. Kay Wagner