2 years ago

Commerce & Trade

  • Text
  • Noerr
  • Commerce
  • Germany
  • Sourcing
  • Logistics
  • Awards
  • Contracts
  • Customs
  • European
  • Models


NOERR_COMMERCE & TRADE Sourcing • OEM contracts • Procurement and supply contracts • Framework supply agreements • General terms and conditions of sourcing, including choice of law • Manufacturers‘, contract manufacturing and licence agreements • R&D agreements • Contract management • Product management systems • Quality assurance agreements • Liability and responsibilities in the supply chain • Price strategies (e.g. cost-plus systems) and sourcing obligations • Parallel imports Logistics and fulfilment • Transport and freight forwarding law (national and cross-border transportation by road, rail, air, sea) • Warehousing law (consignment stock, bonded warehouses) • Contract logistics (e.g. transport/storage/forwarding agreements; courier, express and package delivery services; storage distribution; logistics fulfilment; outsourcing of individual logistical services) • Definition of responsibilities in the supply chain and definition of interfaces • Process optimisation • Systems for measuring quality • Advice regarding liability and transport insurance law • Dispute resolution (e.g. in case of poor performance, failure of logistics providers to perform, return of retained goods, etc.) • Risk management Financing along the supply chain • Factoring or equivalent products for sales financing • Reverse factoring for source financing • Fine trading (financial drop shipment transaction serving to finance sourcing or consignment stock) • ABS for securing liquidity • Export financing and its guarantees (e.g. Hermes guarantees) Sales and distribution • Advising on the selection, design, establishment and expansion as well as restructuring of national and international distribution structures • Direct sales in online and offline trading, teleshopping • General terms and conditions, B2B and B2C • Distribution systems using commercial agents, distribution systems involving commission agents/ agencies and authorised dealers • Franchise distribution systems in all shapes and forms, such as master and multi-unit franchising, area developer agreements, multi-unit franchising, pre-contractual information documents, disclosure, system handbooks, etc. • Mixed distribution systems (multi- and omnichanneling in online and offline trading) 6

COMMERCE & TRADE_NOERR 7 • Selective distribution systems, exclusive distribution systems and shop-in-shop concepts • Guarantee systems, margin and bonus programmes • Category and quality management • Leasing, sharing, use and rental models • Antitrust-related advice in connection with sales and distribution, e.g. in connection with price strategies, sourcing and distribution obligations, advice in connection with abuse of a dominant or strong market position • Advising before and during the insolvency of manufacturers and distribution partners E-commerce • Setting up and expanding a website (webshop at the front end, including general terms and conditions) • Statutory duties to provide information; revocation rights • Social & mobile commerce • Financial services on the internet, especially design of e-payment systems and payment processes, voucher and payment systems, e-money • Structuring and implementing optimised data privacy concepts and approval management • Customer loyalty programmes, social plug-ins, reach management tools, customer analytics (including data privacy) • Voucher and payment systems, consumer credit and deferral models • Cross-border e-commerce including choice of law and geo-blocking, especially within Europe • Cooperation between third-party providers and trading platforms Enforcing and defending against claims • Assisting before the courts, arbitration panels, authorities and otherwise in disputes involving sales, transport and distribution law • Defence against complaints and warnings from competitors and (consumer) associations (infringement of trademark and copyright laws), information duties, ineffective clauses in terms and conditions, etc.) • Preliminary injunctions and other legal remedies • Interruptions in distribution systems, especially separation from distribution partners and sales agents, protection of trade marks, brands and logos • Protection of the distribution system against third parties, notices of termination, recalls • Admission to selective distribution systems based on quality criteria • Extracts from and access to records, claims for compensation, claims for reimbursement of investments • Continued delivery following termination • Actions to set aside insolvency


Whitepaper: EU Digital Single Market Strategy
Public M&A Report H1/2018
Legal issues of digitalisation in Europe
Studie: M&A Treiber für die digitale Transformation