Distribution & Franchising Lawyers

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
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Dirk Loycke
Dirk Loycke
Part­ner
Rechtsanwalt | Global Co-Head of Commercial Group, CMS
Germany, Stuttgart
Dirk Loycke specialises in international supply, customer, distribution and cooperation agreements. He has extensive experience in international commercial law and all commercial law issues relating...
Lars Eckhoff
Lars Eckhoff, LL.M. (Victoria University of Wellington)
Part­ner
Rechtsanwalt
Germany, Cologne
Lars Eckhoff advises companies on all legal aspects of their operational activities, including production, purchasing and distribution of goods. He drafts distribution and supply agreements as well...
Peter Endres
Part­ner
Rechtsanwalt
Germany, Munich
With deep insight and expertise, Peter Endres advises his clients on all legal aspects of procurement, production and distribution and also represents them in court in this field. His distribution...
Harald W Potinecke
Dr. Harald W Potinecke
Part­ner
Rechtsanwalt | Head Compliance & Forensic Services, CMS Germany
Germany, Munich
Harald W. Potinecke advises companies on product liability and compliance, in particular in the context of introducing and implementing compliance management systems, which also includes implementing...
Tobias Bomsdorf
Dr. Tobias Bomsdorf
Part­ner
Rechtsanwalt
Germany, Frankfurt
Tobias Bomsdorf advises and represents his clients in civil and commercial law disputes before state courts as well as in arbitration proceedings. His clients include companies in the engineering...
Ulrich Becker
Dr. Ulrich Becker
Part­ner
Rechtsanwalt
Germany, Frankfurt
Ulrich Becker comprehensively advises his clients in private and commercial law, especially in the operationally relevant areas of purchase/procurement and sales activities, for example drafting...
Markus Schöner
Dr. Markus Schöner, M.Jur. (Oxford)
Part­ner
Rechtsanwalt | Head of Competition & EU Group, CMS Germany
Germany, Hamburg
Markus Schöner is a specialist for EU and German antitrust law, including merger control. His competition law expertise is in particular demand in the context of setting up selective distribution...
Axel Funk
Dr. Axel Funk
Part­ner
Rechtsanwalt
Germany, Stuttgart
Axel Funk is an expert when it comes to drafting and negotiating contracts, in particular in the context of special projects and outsourcing transactions. He also advises on all aspects of software...
Martin Zenner
Dr. Martin Zenner
Part­ner
Rechtsanwalt
Germany, Cologne
Martin Zenner specialises in litigation and foreclosure, in particular in a cross-border scenario. His practice includes banking law, with a focus on creating and realizing loan, as well as foreign...
Robert Budde
Dr. Robert Budde
Part­ner
Rechtsanwalt
Germany, Cologne
Robert Budde is a commercial law expert, advising companies on their agency and distribution arrangements as well as on related German and EU competition law issues. He specialises in implementing...