Commercial Agent Law

A particular focus of our consulting in distribution law lies in questions regarding which contractual forms the entrepreneur should prefer with commercial agents, authorized dealers, brokers, etc. We are also happy to advise on the following antitrust-relevant issues:

• How can one effectively agree on a post-contractual non-compete clause? And when is it sensible?
• Can one prevent the unwanted reimportation of goods?
• How does one make an effective agreement on territorial protection?

Distribution through commercial agents, in particular, offers special opportunities but also risks. Some buyers hesitate or even refuse to negotiate through commercial agents to save potential costs. This view is known in some areas of the automotive industry. In other industries, however, there is hardly any way around commercial agents.

Therefore, good planning and industry knowledge are always required to see if and under what conditions commercial agents must and should be employed.

We are happy to advise you on contract design, as well as in the case of contract termination. Here, it often concerns the question of whether and which compensation claims exist.

Disputes, especially over compensation claims at the end of the collaboration, are not uncommon. Thus, the dissatisfaction of one or both contractual partners is often shifted into this dispute.

Without competent legal advice, one quickly experiences unpleasant surprises, especially with these questions. We design contracts that, right from the start of the collaboration, anticipate and amicably regulate as many questions as possible that could later lead to conflicts, in a good and trustful atmosphere. So that the saying doesn’t have to apply:

“Woe, when I look to the end…”