Distribution & agency
Distribution and agency are widely used in marketing and selling products and services and have a special form of contracting. The agreements within a distribution or agency network must therefore be properly arranged. This requires both commercial and specialized legal knowledge. We assist our clients with national and international distribution and agency, setting up or terminating distribution networks and agency relationships and all related contracts. We also assist our clients in conducting legal proceedings about distribution and agency.
For international matters or aspects, we have a worldwide network of specialized lawyers.
Micheline Don
partner/lawyer
Linda Eijpe
lawyer
Tessa de Mönnink
partner/lawyer
Silvie Wertwijn
partner/lawyer
Annelies van Zoest
partner/lawyer
News
Tightening of statutory payment terms from 60 to 30 days as of 1 July 2022
On 1 July 2017, the Act to amend Book 6 of the Dutch Civil Code in connection with combating unreasonably long payment terms entered into force. This was a private member’s bill regulating that large companies cannot agree on a payment term of more than 60 days in their commercial relationship with SMEs in situations where the large company acts as debtor and the SME acts as creditor
Newsflash distribution & franchise
After a thorough review of the rules from 2010, the European Commission approved the new Vertical Block Exemption Regulation (VBER) and the accompanying new Vertical Guidelines on 10 May 2022. The revised VBER and vertical guidelines will enter into force on 1 June 2022.
ACM imposes fine of almost 40 million euros on Samsung for influencing (resale) prices
On 14 September 2021 the Dutch competition authorities (ACM) imposed a fine of almost 40 million euros on Samsung Electronics Benelux B.V. (Samsung). In the opinion of the ACM, Samsung exerted undue influence on the online sales prices of televisions of seven retailers from January 2013 to December 2018.
Distribution Update
In a decision of the District Court of Amsterdam of 18 August 2020, a contractual termination clause allowing to terminate the Value Added Reseller Agreement (a so-called “VAR”) with a term of notice of 6 months has been set aside
Franchise Act adopted by Dutch Parliament on 16th of June
After a long run-up, the Franchise Act is expected to become reality within soon. Franchisors are well advized to anticipate this upcoming law which will most likely have a very brief transitory period.
Content and Introduction of Act:
The Franchise Act has been adopted by the Dutch Parliament on 16th of June.