ECJ: Ban on third-party platforms for luxury items permissible
The long-awaited judgment of the ECJ (judgment of December 6, 2017, C-230/16) in the Coty case is here: A supplier of luxury goods can ban its authorized dealers who
New sales channels and their linking with traditional forms of sales pose a number of legal challenges for manufacturers and brand retailers. The firm establishment of online retail as an additional sales pillar requires that companies make optimal use of multi-channel sales at all sales levels.
andrelang law has been advising manufacturers, importers and dealers from a wide range of sectors on how to structure their sales and adapt it to new developments in sales law for many years.
Design, structuring and adaptation of distribution systems | eCommerce | Dealer and Agent Agreements
Compliance Advice | Interlocking Limitations of Liability | Protection against cybercrime
Compensation for damages in the execution of the contract | Compensation claim | Representation in court proceedings
As a specialist lawyer for international business law and specialist lawyer for commercial and corporate law, Dr. Christian Andrelang, LL.M. cross-industry legal sales expertise in domestic and cross-border matters. Distribution law is one of his particular core competencies. San expertise in German and EU distribution law includes the following topics:
Feel free to contact andrelang law with your sales and competition law issues. It is crucial to understand your situation and your goal precisely in order to check the appropriate procedure for you in the first step.
Often there are several ways to achieve the goal. If this is the case for you, we will develop the right solution and combination of options for action based on an assessment of your legal situation.
The chosen solution is implemented in a legally secure manner. As far as possible, the result agrees with your goal. So that your company can operate safely on the market.
Of course, you can fully rely on me and my law firm andrelang law in Munich for support. Ask me without obligation.
If you work with authorized dealers, it is crucial that the authorized dealers understand your brand and your products. Your dealers must "transport" the brand experience to their customers. This is how you secure the reputation of your brand and your branded products. Your dealers must meet your quality requirements for offline and online sales so that you can ensure the uniformity of brand and product perception, especially under the new Vertical Block Exemption Regulation 720/22. Dr. Christian Andrelang, LL.M. sees himself as your legal sparring partner in the legal protection of these goals. He draws up distribution agreements for your cooperation with dealers that use all legal instruments to ensure the brand-appropriate distribution of your products and services.
My consulting work often begins with choosing a suitable sales system. Using our extensive legal sales experience, we examine various options to do justice to the brand image of your products and services. The various options include, for example, the use of online direct sales, importers, shop-in-shop systems and multi-channel sales. Selective sales is often the right option to establish, secure and increase the reputation of your branded products. My industry knowledge ranges from automotive sales, music equipment and instruments, cosmetics, fitness equipment to household items and much more.
As your lawyer, I offer you comprehensive advice on the choice of sales structure. Proven options here are a selective distribution system, direct sales, online platforms, as well as cooperation with dealers, sales representatives, commission agents or the granting of brand licenses.
Selective distribution means in particular that the manufacturer only gives specially authorized dealers the right to sell the products. Distribution law places different requirements on selective distribution systems.
Qualitative distribution schemes will not be allowed until all distributors meet the selection criteria and are authorized to distribute.
If the number of dealers is limited, certain antitrust restrictions must be observed. I would be happy to explain the details and options to you in a personal meeting.
Another component in addition to the brand presentation is a uniform concept for the delivery of goods as part of selective sales. This includes, for example, the design of your general terms and conditions for the sale, delivery and provision of services in accordance with current General Terms and Conditions law and the German Commercial Code. The inclusion of consumer protection regulations in online trading, securing claims in the event of defects in the supply chain and protection against product piracy are important components of my solution for your sales structure.
Like a commercial agent, an authorized dealer can also be entitled to a claim for compensation when the contract is terminated. I will advise you on the requirements and take them into account when drafting the contract. In the event of disputes, I will support you in negotiations and, if necessary, represent you in court.
E-commerce has become an integral part of product sales. It offers many opportunities for sales and marketing. However, this creates many legal challenges, which I would be happy to master with you as a specialist lawyer for international business law and specialist lawyer for commercial and corporate law.
eCommerce not only means sales, but also poses a risk of Internet fraud. Many companies blindly trust orders and deliver accordingly. In retrospect, however, it may turn out that the company was deceived about the identity of the allegedly ordering customer. The customer or company specified on the order does not exist or did not order. As a result, payments are not made and the company is left with the damage.
The long-awaited judgment of the ECJ (judgment of December 6, 2017, C-230/16) in the Coty case is here: A supplier of luxury goods can ban its authorized dealers who
Internal guidelines and employee training can prevent the risk of fraud. Sometimes the perpetrators can be identified even if the goods were delivered abroad. Feel free to contact me if your company has become a victim of Internet crime or if you want to protect your company against it.
If you don't trust the big sales platforms and your own web shop doesn't fully cover your sales needs, you can join forces with other manufacturers, dealers or service providers in your city or region and set up your own platform. With my legal support as a lawyer for distribution law, take advantage of the advantages that digitization offers you.
Commercial agents are important sales intermediaries, but they are subject to special legal protection. As a lawyer in commercial agency law, I have already advised many companies and commercial agents and represented their interests in negotiations and in court.
When existing commercial agency contracts are terminated, the commercial agent is entitled to compensation – under certain conditions also the authorized dealer. The calculation of the compensation claim is complicated. I know the pitfalls and use legal leeway to get the best out of you. If necessary, I will fight your case in court for you.
Compliance in sales is becoming increasingly important. Antitrust law in particular is of particular importance here. Antitrust law prohibits the setting of resale prices for your dealers, but allows non-binding price recommendations. However, price recommendations are no longer non-binding if the retailer is promised advantages or disadvantages for adhering to them.
As a specialist lawyer for international business law and commercial and corporate law, I can advise you on how to keep your price recommendations non-binding based on my particular experience in sales antitrust law. I train your sales team based on specific cases from current case law and the antitrust authorities and develop compliance guidelines for you. Your sales team needs to understand your selective sales system. As part of training, I explain the compliance guidelines to your team and what needs to be considered in the contract for the selective distribution system.
Feel free to contact me if you are a managing director, CEO, sales manager, compliance officer or marketing agency and need solutions for price recommendations and the design of conditions.
Information on price target, price recommendation and price comparison in the context of the vertical BER 720/202 (block exemption regulation).
No brand manufacturer can exist alone on the market today. Supply chains with suppliers, refiners, service providers, agencies and customers are now closely interlinked. This leads to various liability risks. Claims that your customer asserts against your company must be able to be passed on to your supplier with legal certainty. Don't get caught between claims of liability and limitation of liability.
Competition law is part of intellectual property law. In today's dynamic business world, it is of utmost importance to both protect yourself against unfair competition and to ensure that your company does not inadvertently violate applicable competition law. The Act against Unfair Competition (UWG) sets out clear guidelines to prevent unfair competition and thus ensure a fair and transparent market.
When is competition unfair? Here are some of the key points when competition is considered unfair:
These are just a few examples. The UWG contains a more detailed and comprehensive list of behavior that can be considered unfair competition. If you suspect that a competitor is acting unfairly or if you want to ensure that your own business behavior is compliant with the UWG, you should seek legal advice.
As your lawyer at the legal interface between distribution law, competition law and intellectual property law, I advise you and your company in two ways: I help you to protect yourself from attacks by suppliers and competitors who engage in unfair competition, and at the same time I accompany you through the legal jungle so that your company always acts in accordance with the UWG. An unexpected warning can have serious economic consequences, which is why prevention is just as important as intervention.
Whether it is about taking action against a warning letter you have received, obtaining an injunction or ensuring that your business practices are in line with distribution law and the German Act Against Unfair Competition: my focus is on the client. Together we navigate the challenges of competition law and ensure that you are both protected and act in compliance with the rules.
Effective legal advice for companies in retail: Learn how to master legal challenges.
I prefer to help you to get your rights without time-consuming legal disputes. However, should disputes arise in connection with your sales that cannot be clarified out of court, I will fight as a litigator for your case in court and represent your interests. My many years of litigation experience extends to numerous distribution law court proceedings in the first and second instance, especially the Higher Regional Court of Frankfurt and Munich.
As a specialist lawyer for international sales law, I support many companies in sales law issues with an international dimension. Nowadays there are hardly any companies that are not active in at least parts of the EU. Antitrust bans that apply to sales and consumer protection rights are standardized throughout Europe. I will therefore also advise you on the legally optimized distribution of your products and services in the EU. For example, if you are planning the EU-wide market launch of your products, I will develop the right sales structure for you.
If necessary, I can access a dense network of foreign law firms that can support us with specific questions. This also applies to legal challenges that may arise for your company from cross-border deliveries or terminated contracts with dealers, commercial agents or manufacturers.
If you would like to make use of my services as a lawyer and specialist lawyer for corporate and commercial law, please do not hesitate to contact me at any time.
You can reach my law firm andrelang law by telephone on the number 089/2020 1272, per email to candrelang@andrelang-law.com or about that online contact form. I look forward to welcoming you to my office soon.
The lack of a general ban on discrimination in EU and German antitrust law means that companies can treat retailers differently. Find out why discounts can be problematic under antitrust law if they drive out competition.
Manufacturers and suppliers of product ranges invest a lot of time and money in building their brand and designing their product range in line with the brand. They therefore expect that the
The formation of purchasing groups is a common practice in many industries. You can find antitrust information on this here.