Benefits of selective distribution
Exclusive distributors are increasingly affected by webshops that offer lower prices in their exclusive area. Just think of the online sales platforms, such as Marktplaats, Ebay, Bol, Amazon, Alibaba and …Read More
Parallel trade
Official resellers of branded products are increasingly confronted with parallel trade. In parallel trade, the branded products are imported without permission of the manufacturer or brand owner of the original …Read More
Termination of agency agreement and customer compensation
Upon termination of the agency agreement, the agent (provided that the termination is not attributable to himself) is entitled to compensation if he has brought new customers to the principal …Read More
Director of a Dutch association or foundation? Beware of conflict of interest as of 1 July 2021
On 1 July 2021 the new Management and Supervision of Legal Entities Act (WBTR) will enter into force. As a director or board member of a Dutch association or foundation …Read More
Sales on Amazon may be banned by Nike
Nike rescinded its agreement with one of its distributors, Italy’s Action Sport, for failing to comply with Nike’s Selective Retailer Distribution Policy. Although Action Sport sells mainly from its physical …Read More
Personal liability of directors of Dutch associations and foundations as of July 1, 2021
On July 1, 2021, all Dutch associations and foundations must comply with the new Management and Supervision of Legal Persons Act (WBTR).
The new WBTR includes the joint and individual liability …Read More
Jurisdiction incident: Insufficiently close links between claims against Dutch and foreign defendants
On January 12, 2021, the Amsterdam District Court declared itself incompetent with respect to all non-Dutch defendants in proceedings for compensation for damages based in part on an infringement of …Read More
Have you already complied with your duty to register a UBO with the Chamber of Commerce?
UBOs (Ultimate Beneficial Owner) are the people who ultimately own or control an organization. A person may qualify as a UBO if they are the ultimate owner of or have …Read More
Termination of a distribution agreement
If a distribution agreement is concluded for a definite period, it cannot usually be terminated prematurely. A contract for an indefinite period of time, even if no contractual termination clause …Read More
Vertical price fixing and customer restrictions in license agreement are null and void
In October 2020, the Amsterdam interim relief judge rendered an interesting judgment on licensing terms and competition law, see ECLI:NL:RBAMS:2020:4908. The case at hand involved a dispute between IBTT, a …Read More
