Trade, Distribution and Logistics

We provide solutions across the entire value chain.

The interplay between trade, distribution and logistics is becoming increasingly complex, shaped by cross-border and often global supply chains, new regulatory requirements and advancing digitalisation. Today, procurement, production, logistics and distribution are closely interlinked, presenting companies with demanding legal and economic challenges.

We provide comprehensive advice across the entire value chain, from procurement and production through to sales and logistics, as well as digital business models. You benefit from our legal expertise and industry knowledge, particularly in the sectors of automotive, trade and consumer goods, digital business, insurance, aerospace & defence and life sciences & healthcare. We work with you to develop tailor-made structures that balance the conflicting objectives of legal certainty, practicality and economic efficiency; we draft and negotiate contracts and support you in resolving complex commercial law issues. We also advise you on disputes and represent you before state courts and arbitration tribunals.

Trade and Distribution

We advise on all legal matters relating to your procurement, production and distribution processes, as well as on digital business models in the trade sector. We advise national and international companies on the development, structuring and implementation of their distribution systems, as well as on the drafting of relevant contracts. The focus is on the legally compliant design of efficient supply and value chains.

We combine expertise in distribution law, commercial law and competition law with a clear understanding of economic and digital distribution models.

In the event of a dispute, we represent you in enforcing your rights or defending against claims.

Procurement

We support you in structuring and legally safeguarding your procurement processes, as well as in designing complex procurement models.

Our advice covers in particular:

• Drafting and optimising general purchasing terms and conditions, including payment terms
• Negotiating complex sourcing transactions, in particular OEM, procurement, supplier, manufacturer, licence, and research and development contracts
• Switching supply sources, disputes with suppliers and managing supplier relationships during crises
• Structuring purchasing cooperations, tenders and bidding processes in compliance with competition law
• Enforcement and defence against claims in the supply chain, particularly in the event of defects or delays, as well as measures to suspend the limitation period

Production

We assist you with all legal issues relating to the production of industrial and consumer goods.

Our advice covers in particular:

• Joint ventures, outsourcing and subcontracting
• networked production in the context of Industry 4.0, including integration with logistics processes
• regulatory requirements for the operation of industrial plants, including environmental and licensing law
• research and development, as well as the protection of know-how and intellectual property
• product safety, product liability and labelling, as well as
• labour law issues
• Enforcement or defence against claims in the event of production disruptions or quality issues
• Structuring production and specialisation partnerships with competitors in compliance with competition law

E-commerce & Platforms

Digital commerce is characterised by complex legal requirements. We provide comprehensive advice on the development and legally compliant structuring of digital business models.

Our advice covers in particular:

• Design of B2B and B2C platforms and online shops
• E-commerce regulation, including AI applications, the Digital Markets Act, information obligations, rights of withdrawal, data protection, competition law and the law governing general terms and conditions
• Cross-border e-commerce, including geo-blocking
• Social and mobile commerce
• E-payment systems and digital payment processes
• Online marketing, including tracking, newsletters and customer loyalty programmes

Distribution systems & contracts

The focus is on structuring efficient and economically viable distribution systems.

Our advice covers in particular:

• Analysis and evaluation of different distribution models and structures
• (Re-)structuring and conversion of national and international distribution systems
• Design of terms and conditions, bonus and incentive schemes
• Selective and exclusive distribution systems as well as shop-in-shop concepts
• Direct sales in online and offline trade as well as hybrid distribution models
• Drafting, negotiating, amending and terminating distribution agreements

Distribution Intermediaries & Partnerships

We assist companies in establishing partnerships and utilising distribution intermediaries.

Our advisory services include, in particular:

• Commercial agent, authorised dealer and franchise systems
• Commission agents and other forms of indirect distribution
• Drafting and negotiating licence agreements, in particular regarding trademarks, patents and know-how
• Defence against and enforcement of claims for commission, account statements and compensation
• Securing partnerships and protecting business models, customer and employee structures

Distribution antitrust law

The design of distribution systems requires consistent consideration of antitrust regulations at national and European level.

Our advice covers in particular:

• Risk analysis and the development of pragmatic solution strategies for the antitrust-compliant structuring of distribution systems such as selective distribution, exclusive distribution, franchise systems and platform models
• Review and drafting of contractual clauses, in particular non-competition clauses, exclusivity provisions and customer protection provisions
• Advice on European and national platform regulation
• Representation in antitrust proceedings and before civil courts, in particular in disputes concerning damages, injunctions and supply obligations

We provide in-depth advice in the field of antitrust law and merger control:

Antitrust Law & Merger Control

Logistics & Transport

Our transport & logistics experts understand the business of freight forwarders, warehouse operators, transport insurers and brokers, as well as the requirements of complex national and international supply chains. We are familiar with modern logistics concepts such as just-in-time logistics, cross-docking and innovative delivery models, not only from a legal perspective but also in terms of their practical implementation.

We advise you on the legally compliant structuring and optimisation of your logistics and supply chain structures and support you in implementing efficient and robust solutions.

Our advice covers in particular:

• Logistics outsourcing
• Review, drafting and negotiation of contracts relating to warehousing and transport
• Advice on national and international transport and freight forwarding terms and conditions
• Assessment and mitigation of liability risks under transport and freight forwarding law
• Advice and representation in disputes along the logistics chain

Conflict resolution, litigation & arbitration

We support you through all stages of conflict prevention and resolution and represent you before state courts and arbitration tribunals.

Our focus is on a thorough analysis of the opportunities and risks, the development of an appropriate strategy, and a consistent focus on economically viable outcomes. Should a dispute prove unavoidable, we represent your interests with a clear and targeted litigation strategy.

Further information on litigation and arbitration can be found here

Conflict resolution & litigation