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Distribution and Agency

In an increasingly globalised marketplace, the difference between success and failure is often measured by a business's ability to reach and engage with new customers. Third-party relationships such as distribution and agency are a tried and tested model for expansion.

Our expertise:

  • We advise clients on the different types of third party models available, such as franchising, agency, distribution and selective distribution, in relation to relative risks and rewards of each model and the impact of commercial agency regulations and competition/anti-trust laws on each type of relationship.
  • We have helped clients set up distribution and agency systems in new markets.
  • We advise on retention of title claims, agency compensation claims and debt recovery.
  • The team work with clients on drafting, negotiating and terminating agency and distribution contracts.
  • We work with clients on drafting associated commercial agreements, such as general terms and conditions of supply; warehousing and logistics agreements; ordering processes in e-commerce, and online trading.
  • We are instructed by clients to establish representative offices, branches, subsidiaries and joint ventures.

Notable deals and highlights:

  • We are currently advising a manufacturer of stretch ceilings on its European distribution arrangements.
  • We are advising a US platform, allowing members to book different fitness classes at various venues, on the rollout of their business model in the Netherlands, Germany and France.
  • We are working with an iconic US retail brand on overhauling its network of selective distributors in Europe, making it more streamlined and focusing on quality and customer experience.
  • We are establishing a German joint venture for a US manufacturer in order to distribute pharmaceutical and medical devices in the EEA.
  • The team is providing comprehensive legal and regulatory advice to an Australian household appliance manufacturer on its market entry into the EU.
  • We are currently drafting and negotiating all types of distribution agreements for a leading global manufacturer of opto-digital technologies.