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Distribution systems

We assist our clients in creating and developing safe distribution models:

  • Exclusive and non-exclusive distribution
  • Selective distribution
  • On-line and off-line distribution
  • Franchising
  • Agency

We will advise you on which distribution system to choose and how to build your relationships with other counterparties taking into account their respective market positions.

Merger control

We will verify whether or not an intended transaction is subject to the requirement of notification to the President of the UOKiK or the European Commission. We will prepare the relevant submission documents and represent you in the course of merger proceedings.

Anti-competitive agreements

Every agreement between undertaking can give rise to legal risks. Furthermore, the scale of the risk is even higher if the agreement is concluded between competitors. Therefore, before signing a contract – consult it with a lawyer.

Monopolies and dominant undertakings

Companies with a strong market position – particularly dominant entities – are subject to multiple legal restrictions. These obstacles need not, however, lead to business limitations or prohibitions. We will advise you on how to create a rebate system or distribution policy without violating any rules of competition law.

Information exchange

Exchanging sensitive information – particularly among competitors – can give rise to legal risks. What information is deemed sensitive? Whom can I send information to (and to whom not)? Does the purpose of information gathering matter? Does transferring historical data entail risks? We have the answers to these (and other) questions.

 

Unfair competition

A (former) employee discloses trade secrets or violates a non-compete clause? A competitor imitates your goods or carries out an unfair advertising campaign? Another company limits your development or your access to the market? These can be remedied – and we know how to do it.

Audits and compliance

We are in a position to evaluate current or planned activities for legal risks. We will develop a compliance program and help you implement it.

Selected projects:

We advise a car manufacturer and importer on operating a selective distribution network.

We have developed a franchise distribution system for a leading distributor in the FMCG sector.

We have represented a leading children’s clothing manufacturer in disputes before the SOKiK (the Polish Court of Competition and Consumer Protection) concerning abusive clauses.

We have carried out merger control notifications for undertakings from various sectors, such as chemicals, energy, mining, healthcare and telecommunications.

Recommendations

rp

2019, 2018, 2017, 2016

legal

2018, 2017

2017

Experts