Agency and distributorship

In the context of agency agreements the agent’s compensatory claim for a loss of clientele, the agent’s claim for a statement of commission account and contractual and post contractual restraints on competition are very often the topics of controversies between the agent and the principal which may lead to judicial disputes. Other forms of distribution have been developed next to the distribution by an agent. These special forms of distribution like distribution by authorized dealers or by franchise systems require special attention when drafting the contracts. With regard to cross border distributorship agreements, the European antitrust law establishes limits for the drafting of agreements. For each type of distribution, the mandatory provisions have to be observed and the creative leeway may be used. Equally, the sometimes difficult distinction between ostensible self-employment and proper self-employment and the consequences for the social security arising therefrom have to be observed. Due to our experience, we are able to evaluate the positions of both contractual parties (principal and distributorship partner), to consider these when drafting the contract and to enforce them judicially.