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Practices

Franchising and Distribution 

Description

 

No business sector can manage without the right distribution concept; a good product or service alone is not enough to guarantee success in the marketplace. Goods also have to reach the customer – on time and in perfect condition – and customer service needs to be excellent. However, efficient and secure distribution systems need not only an infrastructure that works, but also a coherent legal framework.

 

Our franchising and distribution experts provide sector-specific, practical support, both in establishing and developing distribution and logistics systems and franchising chains in Ukraine, and in expanding them internationally. We can develop the right horizontal and vertical distribution structures for your company and provide advice from procurement all the way along the supply chain to the end customer. 

Our services

 

  • Expansion in international and Ukrainian markets

  • Drafting / reviewing contracts, including distribution agreements, confidentiality and option agreements, and terms and conditions for supply

  • Competition law issues, such as exclusivity issues and price maintenance

  • Franchise agreements (amendments or termination agreements) in terms of Ukrainian law requirements

  • Selective distribution structures, exclusive distribution systems, official-distributor and commercial-agent structures, commission agencies, shop-in-shop concepts, data protection in distribution, especially for CRM systems and audits

  • Guarantee systems, commission issues, credit notes
Notable Experience

 

  • Advised a supplier of watches, batteries and hearing aids on the creation and signing of a frame distributorship agreement for the supply of its goods in Ukraine.

  • Advised Claas, a world-renowned producer and supplier of agricultural machines with regard to a distribution agreement for use in Ukraine.

  • Provided legal advice to BSH Hausgeräte, a German-based manufacturer of home appliances, on establishing retail sale prices for its Ukrainian distributors.

  • Advised an international food production company on the dissolution of a distributorship agreement with its Ukrainian distributor and on recovery of debts from the distributor.

  • Advised an internationally known German-based producer of water filters against unauthorized parallel imports in Ukraine.

  • Provided legal advice and support to a Swiss watch producer against product piracy and importation and sale of counterfeit watches in Ukraine.

  • Advised a multinational insurance company on the conduction of an internet e-mail marketing campaign in Ukraine.

  • Provided legal support to FasTracKids, a major US pre-school education centre, in potential litigation and unfair competition proceedings in Ukraine 

  • Advised Nathan's Famous, a major listed US fast-food chain, including consulting on tax and currency control restrictions and enforceability of master franchise and sub-franchise agreements

 

Key Contacts
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