Distribution and Franchising

Our legal expertise can help you organise your distribution setup

Distribution and franchising issues are central to the advice provided by our Commercial team. CMS Germany advises companies engaged in production and trade on all relevant legal matters and aspects. Our lawyers also have in-depth knowledge in all the related and overlapping areas of law, such as antitrust law, competition law, trademarks/intellectual property and data protection.

Our clients include manufacturers of established branded products, distribution organisations and franchisors, as well as foreign companies seeking to gain a foothold in the German market. We advise companies that wish to restructure their distribution organisation, introduce selective or exclusive distribution systems, or conclude or terminate agreements with distribution partners. We also advise on setting up and developing digital business models, including e-payment and customer protection systems, and on creating Internet sales platforms, including B2B.

Service portfolio

Our advice covers all sectors that involve the distribution of goods and services, both nationally and internationally:

• Framework supply agreements
• Authorised dealer and commercial agency agreements
• Selective distribution
• Franchise agreements
• Alternative forms of distribution, including e-commerce and production and distribution licensing
• Distribution/competition law
• Logistics agreements
• General terms & conditions of sale and delivery
• Selecting and designing distribution systems: exclusive or selective distribution systems, direct sales or franchising, distribution via commercial agents or commission agents
• Sales financing, including export financing (letters of credit, HERMES export credit guarantees)
• Out-of-court and in-court representation in disputes with suppliers, customers or distribution partners