Donnersbergerstraße 5

80634 Munich

Distribution

Legal advise in cross-border and cross-sector distribution and sales

New sales channels and their interaction with traditional forms of distribution present manufacturers and brand retailers with legal challenges. The firm establishment of online retailing as a further sales pillar demands that companies make optimal use of multichannel – sales for themselves at all sales levels. 

I have been advising manufacturers, importers and retailers for many years on the design of their distribution and its adaptation to new developments in distribution law. As a specialist lawyer for international business law and a specialist lawyer for commercial and corporate law, I have cross-industry legal distribution expertise in domestic and cross-border matters.

I am happy to assist you as a certified lawyer for international traded law and a certified lawyer for commercial and corporate law, especially in distribution and competition law. Distribution of products and services is a core competence of mine.

My expertise in German and EU distribution law includes the following:

Do you need legal advice?

If you want to use my services as a specialist lawyer for corporate and commercial law, feel free to contact me at any time.

Particular services

Distribution Systems

Design, structuring and adaptation of distribution systems

When you work with authorized dealers, it’s critical that they understand your brand and your products. Your dealers need to transport the brand experience to their customers. This is how you ensure the reputation of your brand and your branded products. Your dealers must meet your quality specifications for offline and online sales to ensure consistency in brand and product perception. I see myself as your legal sparring partner in the legal safeguarding of these goals. I design distribution agreements for your cooperation with distributors that use all legal instruments to secure the brand-appropriate distribution of your products and services.

The first step in my consulting work is often the selection of a suitable distribution system. With the help of my legal distribution experience, we examine different possibilities to meet the brand image of your products and services. The different possibilities include, for example, the use of importers, shop-in-shop systems and multi-channel distribution. Selective distribution is often the appropriate option to establish, secure and enhance the reputation of your branded products. My industry expertise ranges from automotive retail, musical equipment and instruments, cosmetics, fitness equipment, household items and more. 

When designing the distribution structure, the following legal aspects are important:

As your lawyer, I offer comprehensive advice on the choice of distribution 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 trademark licenses.

Selective distribution means in particular that the manufacturer only gives specially authorized dealers the right to sell the products. Distribution law imposes different requirements on selective distribution systems.
Qualitative distribution systems are only permissible if all dealers, meet the selection criteria and are authorized for distribution.
If the number of dealers is limited, certain antitrust restrictions must be observed.
I will be happy to explain the details and possibilities to you.

Another component, in addition to brand presentation, is a uniform concept for goods deliveries within the framework of selective distribution. This includes, for example, the design of your general terms and conditions for the sale, delivery and provision of services in accordance with current AGB law and the German Commercial Code. The inclusion of consumer protection provisions in online trading, the safeguarding of claims in the event of defects in the supply chain and protection against product piracy are also important components of my solution for your distribution structure.

An authorized dealer, like a commercial agent, may also be entitled to a compensation claim upon termination of the contract. I advise you on the prerequisites and take them into account already when drafting the contract. In case of disputes, I support you in negotiations and represent you in court, if necessary.

.

E-commerce, platform sales and platform bans

Support in e-commerce in accordance with current distribution law

E-commerce has become an integral part of product distribution. It offers many distribution opportunities for sales and marketing. However, it creates many legal challenges, which I, as a specialist lawyer for international business law and a specialist lawyer for commercial and corporate law, will be happy to master with you.

In particular, I can support you with my expertise in distribution law in the following areas:

eCommerce not only means sales, but also poses a threat of Internet fraud. Many companies blindly trust orders and deliver accordingly. However, in retrospect, it may turn out that the company was deceived about the identity of the allegedly ordering customer. The customer or the company indicated on the order does not exist at all or did not place the order. As a result, payments are not made and the company is left sitting on the loss.

Preventively, risks of fraud can be prevented through internal policies and employee training. Sometimes the perpetrators can be identified, even if the goods were delivered abroad. Feel free to contact me if your company has been a victim of cybercrime or if you would like to protect your company against it.

Local and regional sales platforms

Legal support for local and regional distribution platforms

If you don’t trust the big distribution platforms and your own webshop doesn’t fully cover your distribution needs, you can join forces with other manufacturers, retailers 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 benefits that digitalization offers you.

I offer the following solutions:

Sales representatives

Legally compliant drafting of contracts

Commercial agents are important sales intermediaries, but they are under special legal protection. As a lawyer in commercial agent law, I have already advised many companies and commercial agents and represented their interests in negotiations as well as in court.

When drafting commercial agency agreements, I pay attention to the opportunities and risks offered by commercial agency law:

The termination of existing commercial agency agreements gives rise to a compensation claim on the part of the commercial agent – and under certain circumstances also on the part of the authorized dealer. The calculation of the compensation claim is complicated. I know the pitfalls and use legal leeway to get the best for you. If necessary, I will fight your case for you in court.

Compliance-Consulting

Advice especially on recommended prices

Compliance in sales is becoming increasingly important. Antitrust law is of particular importance here. Antitrust law prohibits the specification of resale prices to your dealers, but allows non-binding price recommendations. However, price recommendations are no longer non-binding if the dealer is promised benefits or threatened with disadvantages for compliance.

As a specialist in 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 issues. I train your sales team on the basis of specific cases from current case law and the antitrust authorities and develop compliance guidelines for you. Your sales team needs to understand your selective distribution system. During training sessions, I explain the compliance guidelines and what needs to be considered in the selective distribution system contract to your team.

Let me know if you are a managing director, CEO, sales manager, compliance officer, or marketing agency that needs solutions for price recommendations and the design of terms.

Supply chains and limitation of liability

Dovetailing of liability limitations in supply chains with suppliers and customers

No brand manufacturer can survive alone on the market today. Supply chains with suppliers, finishers, service providers, agencies and customers are closely interlinked today. This leads to various liability risks. You must be able to pass on claims that your customer asserts against your company to your supplier in a legally secure manner. Do not get caught between liability claims and limitation of liability.

.

To minimize your liability risk, I offer the following services and solutions:
In the event of liability, I will support you as a lawyer and specialist in international business law and specialist in commercial and corporate law as follows:

Court proceedings

Representation in court proceedings

Preferably, I will help you to your rights without time-consuming court disputes. However, should disputes arise in connection with your distribution that cannot be resolved out of court, I will argue your case in court as a trial lawyer and represent your interests. My many years of litigation experience extend to numerous sales law court cases in first and second instance, especially the Higher Regional Court of Frankfurt and Munich. 

In particular, my clients ask me to represent them in court in the following situations:

International distribution law

Joint ventures and brand distribution

As a specialist lawyer for international distribution law, I support many companies in distribution law issues with a foreign connection. Nowadays, there are hardly any companies that do not operate at least in parts of the EU. Antitrust prohibitions that apply to distribution and consumer protection laws are standardized throughout Europe. I 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 appropriate distribution structure for you.

If necessary, I can access a dense network of foreign law firms that can assist us with specific issues. This also applies to legal challenges that may arise for your companies from cross-border deliveries or terminated contracts with distributors, commercial agents or manufacturers. 

Contact me

Your company lives from the distribution of products and services. As an attorney for competition and distribution law, I already have relevant experience in advising merchants and their distribution. I have developed for my clients a variety of solutions for selective distribution, for permissible restrictions of distribution law and in advising manufacturers and commercial agents. Benefit from my special expertise in distribution law advice, which I have built up over many years. If you have any questions regarding distribution law, please contact me at any time and arrange an initial consultation.

Make a request

Ask for your legal advice!

If you want to use my services as a specialist lawyer for corporate and commercial law, feel free to contact me at any time. My law firm andrelang law can be reached by calling 089/2020 1272, email candrelang@andrelang-law.com or using the online contact form. I look forward to welcoming you soon in my office.

Dr. Andrelang, LL. M.

certified lawyer international trade law

certified lawyer commercial and corporate law