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Commercial

Legal advice on purchasing, production and distribution

Purchasing, production and distribution – in short, our clients’ operational activities – are at the centre of the advice we provide.

With more than 50 specialist lawyers, our Commercial team is one of the largest and most experienced practices in Germany. National and international clients benefit from our in-depth industry knowledge and comprehensive legal expertise.

We closely monitor the increasingly globalised markets, together with the opportunities and challenges they present. To do this, we deploy international teams of experts within the worldwide CMS organisation and in particular the CMS Commercial Practice Area Group.

Our long-standing clients include industrial and trading companies from all major sectors of the national and international business world. From the automotive industry to central purchasing organisations, we act on behalf of our clients across all key areas of production and trade.

Up-to-date advice at all times

We are committed to staying abreast of the latest trends and changing conditions. As such, we proactively develop new advisory products for legal areas such as compliance and EU sales law, and for emerging segments such as digital business and e-mobility.

We go beyond the norm

In addition to providing ongoing legal advice as an outsourced legal department and representing our clients in lawsuits, we also offer specialised services, such as customised contract and claim management.

Training courses and practical seminars on legal aspects of purchasing, production and distribution round off our legal advice. These services include tailored inhouse seminars, our Update on Procurement and Distribution roadshow, information events, circulars, brochures and newsletters as well as practical tips.

"Large department with extensive experience in commercial law relying on its strong network of domestic and international offices. Well known for its work on large, often European-wide, distribution systems and multi-jurisdictional contract standardisations."

Chambers Europe, 2021

"It's important for our company to mandate a firm that is able to deal with the width and breadth of the different legal areas and requests we have, and CMS is active on exactly such a scale."

Chambers Europe, 2021

"CMS has a strong cross-border practice, [...] it is a leading firm for commercial contract law."

Chambers Europe, 2021

„Die Vertriebsrechtspraxis von CMS besetzt aufgrund ihrer personellen Stärke und der tiefen Erfahrung ihrer Partner in unterschiedlichen Branchen eine führende Position im Markt.“

JUVE Handbuch, 2020/2021

„Schnelles Feedback, juristisches Know-how, Kenntnis unserer speziellen Branche sowie pragmatische Lösungsansätze.“

The Legal 500 Deutschland, 2021

Choose area

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Distribution and Franchising
Our legal expertise can help you organise your distribution setupDistribution and franchising issues are central to the advice provided by our Commerc
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Production and Product Liability
Tailored strategies for optimum risk protectionWe offer wide-ranging advice on legal matters relating to production and product liability, extending f
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Purchasing and Procurement
Global solutions tailored to your specific needsPurchasing and procurement are becoming increasingly important functions in many organisations both na
Pod­cast - Up­date Com­mer­cial
CMS To Go
Kris­en-Check-Tool für Un­terneh­men
(in Ger­man)
Corona Quick Check Ver­träge
(in Ger­man)

Feed

24/09/2021
CMS ad­vises Afin­um on ma­jor­ity stake in Tisso Natur­produkte
Mu­nich – Afin­um Achte Beteili­gungs­gesell­schaft mbH & Co. KG, which is ad­vised by Afin­um Man­age­ment GmbH, has ac­quired a ma­jor­ity share­hold­ing in Tisso Natur­produkte GmbH, a spe­cial­ist sup­pli­er of thera­peut­ic...
08/09/2021
Com­mer­cial rent pay­ments in Ger­many
1. Gen­er­al over­view Wheth­er ten­ants are en­titled to claims against their land­lord in the event of pan­dem­ic-in­duced losses al­ways de­pends on the in­di­vidu­al case, also un­der Ger­man law. In par­tic­u­lar...
31/08/2021
Re­ima­gin­ing Trans­port: Hy­dro­gen Trains
In the first in our Re­ima­gin­ing Trans­port series, we look at the po­ten­tial for hy­dro­gen powered trains to be­come a part of the rail net­work’s move to net-zero. Already in op­er­a­tion in se­lect rail lines...
17/08/2021
CMS ad­vises WOW Tech Group on > EUR 1 bn busi­ness com­bin­a­tion with Love­honey...
Mu­nich – WOW Tech Group and Love­honey, two of the glob­al lead­ers for sexu­al well­ness products, join forces. To­geth­er with Swiss brand Amor­ana – ac­quired by Love­honey in 2020 – they now form the...
11/08/2021
CMS ad­vises Solidus Solu­tions on the Ac­quis­i­tion of Mölle GmbH
Ber­lin – Solidus Solu­tions, a lead­ing European pro­vider for sus­tain­able pack­aging for the food in­dustry, has ac­quired Mölle GmbH, a pro­du­cer of sus­tain­able par­ti­tions and in­serts for the pack­aging...
23/07/2021
GDPR 3 years on – The greatest hits (and misses)
More than three years have passed since the GDPR ap­plied and a lot has happened in the world of data pro­tec­tion dur­ing that time – fines, class ac­tions, court chal­lenges and more. We give our “playl­ist”...
23/07/2021
Fit for 55: A new cli­mate pack­age
On 14 Ju­ly 2021, the European Com­mis­sion pub­lished the largest le­gis­lat­ive pack­age re­lated to the cli­mate and en­ergy: “Fit for 55”. The main as­sump­tion of the new pack­age is a re­duc­tion of 55% in...
15/07/2021
European Com­mis­sion pub­lished drafts of the re­vised Ver­tic­al Block Ex­emp­tion...
On 9 Ju­ly, the European Com­mis­sion pub­lished its draft re­vised Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the cor­res­pond­ing Ver­tic­al Guidelines. The VBER con­cerns ver­tic­al agree­ments, which are agree­ments...
14/07/2021
Ger­man Fed­er­al Con­sti­tu­tion­al Court clears the way for the Uni­fied Pat­ent...
The Ger­man Fed­er­al Con­sti­tu­tion­al Court (FCC) dis­missed two mo­tions for in­ter­im meas­ures against the Ger­man act ap­prov­ing the Agree­ment on a Uni­fied Pat­ent Court (UPCA). The way is thus clear for Ger­man...
24/06/2021
CMS ad­vises Oak­tree on planned ac­quis­i­tion of Mayr-Mel­nhof Group’s vir­gin...
Stut­tgart – A sub­si­di­ary of the funds ad­vised by Oak­tree Cap­it­al Man­age­ment, L.P. (“Oak­tree”) is seek­ing to ac­quire two vir­gin fibre car­ton plants from the Mayr-Mel­nhof Group (“MM”) in Eer­beek...
22/06/2021
Man­aging Sup­ply Chain Risk
The pro­tec­tion of hu­man rights and the en­vir­on­ment is be­com­ing an in­creas­ingly im­port­ant ele­ment of the pub­lic dis­course on sus­tain­ab­il­ity and ESG (En­vir­on­ment­al, So­cial, Gov­ernance).Moreover, cor­por­ate...
18/06/2021
CMS ad­vises frozen food spe­cial­ist GETI WIL­BA on ac­quis­i­tion of apetito...
Ber­lin – GETI WIL­BA Hold­ing, a com­pany spe­cial­ising in frozen products, has ac­quired the busi­ness op­er­a­tions of apetito con­veni­ence AG & Co. KG. The buy­er is a port­fo­lio com­pany of equity fund CMP Ger­man...