Commercial & International Trade
Our specialisms
Franchise, Distribution, Agency / Litigation & Arbitration / Commercial Contracts / International Trade Unions & Treaties / Incoterms / Competition / Abuse of dominance & pricing / Selective and exclusive distribution / Consumer law / Omnichannel / Geoblocking / Licensing & Transfer of technology / Internet Sales (platform) restrictions / Loyalty programs / Logistics, transportation & warehousing / Directors Liability / Portfolio Restructuring / Follow-on litigation / Product compliance & labelling / Export & Import regulations and sanctions / Procurement / Long-term agreements / CISG / Specialist Dispute Resolution / German Desk
We live in an increasingly complex world of globalization and digitization of international trade. Trade sanctions are (re)introduced and we may be at the verge of a new era of trade wars after decades of globalization. Countries enter and exit the European Union (Brexit). COVID-19 will have remaining impacts on markets.The brick and mortar landscape will never be the same again in an omnichannel (seamless) integrated marketplace. Our team combines a deep understanding of sales and commerce with industry expertise and legal expert knowledge on key compliance topics such as competition, product safety, consumer and e-commerce laws, data, security, customs, and exports regulations.
We are thought leaders in the areas of distribution-, franchise- and agency models and online business models. Brand positioning is leading in developing a strategy for legally sound internet sales (platform) restrictions, data sharing, licensing of technology, knowhow and trademarks, inventory sharing, consignment stock, click & collect, click & return in store, social networking, geoblocking, loyalty programs, ambient intelligence and dynamic pricing. We view the supply chain in a holistic way, from manufacturing to consumer, and everything in between: warehousing, logistics, transport, financing and securities, on- and offline ordering, advertising and marketing, sales, claims handling, product returns, product recalls, debt collection, directors liability and damages.
We draft and negotiate contracts in consortium, partnership, cooperation, purchasing B2B platforms, outsourcing and joint venture agreements, using the latest contract drafting IT tools, document management and online ‘live’ cooperation with our client. We develop strategic channel agreements, such as distribution, franchise and agency and the localization thereof. Setting up selective and exclusive distribution networks is an acknowledged specialization of the team. As franchise is a growing and successful business model we support our clients in being ahead of the game, empowering them to act proactively on the ever-changing rules and regulations.
When restructuring a network of suppliers, distributors, franchisees or retailers, we advocate a controlled exit of long term partners and we assist clients in assessing the risks and choosing the best strategic scenario. If it cannot be avoided to achieve the business goal, we handle litigation and arbitration with a sharp strategic vision on the desired results and a cost efficient approach.
We are highly regarded as specialist by our clients in the Fashion & Retail, Pharmaceuticals, Food, Technology, Services, Hospitality, Travel & Leisure industries. Our clients are mainly multinationals and local players with a desire to grow their geographical footprint.
When expertise of other jurisdictions is required, we have access to over 150 law firms in 100 jurisdictions across the globe. Furthermore Martine de Koning is a member of the EuroFranchise Lawyers, an export group on franchise law in Europe. Read more about our tailor-made service: Customized Alliance.
Market recognition
The Legal 500 EMEA 2022 - Industry Focus: Retail - Tier 1
Kennedy Van der Laan has a ‘highly-skilled team capable of coordinating multijurisdictional matters for clients’. It has ‘excellent knowledge of the broader EU and Dutch regulatory framework for consumers and competition, in particular the regulatory framework relevant for product compliance, sustainability, advertising and greenwashing in commercial practices’. Practice head Martine de Koning is a leading authority on international franchising, distribution and agency, and her ‘knowledge about competition law is phenomenal’. Also recommended in her team is senior associate Jelle Blom, whose strengths include franchise and agency, commercial contracts, distribution, procurement, sourcing and EU competition law.
Practice head(s): Martine de Koning
Other key lawyers: Nico Jacobs; Jelle Blom
Leading Individuals
Martine de Koning
Rising Stars
Jelle Blom
Testimonials
- ‘Highly skilled team capable of coordinating multijurisdictional matters for clients and through cooperation with other law firms in Europe, providing succinct advice on issues covering large number of jurisdictions.’
- ‘I have worked with Martine de Koning who is an excellent lawyer. She has high-level and demonstrable expertise and she has excellent writing/drafting skills. Martine is personable and easily gains the trust of the people that she works with.’
- ‘This office is really well known in the retail sector. Really a top office. They also have an incredible client base and are very commercial and pragmatic towards their retail clients. It is one of the strongest firms in the Netherlands in retail.’
The Legal 500 EMEA 2022 - EU & Competition - Ranked
Annemieke van der Beek, Martijn van Bemmel and Martine de Koning co-head the EU and competition team at Kennedy Van der Laan, which has a leading position in the Dutch banking and finance sector, and is also active in the public transport and hospitality sectors. Van der Beek is particularly noted for her competition expertise in the payment services market. As part of an ongoing trend, the practice continues to see an increase in follow-on damages actions. In addition, it has seen a growth in mass claims following recent changes in the law. Elsewhere, the group provides compliance advice and represents clients in regulatory investigations, among other matters. In an ongoing mandate, van Bemmel and others are acting for Union Cyclist Internationale (UCI) and Cyclistes Professionnels Associés (CPA) in a dispute with Cycling Service over a new platform for managing prize money.
Practice head(s): Annemieke van der Beek; Martijn van Bemmel; Martine de Koning
Leading Individuals
Annemieke van der Beek
Testimonials
- 'They know our business very well and are able to provide advice that is really suited to our requirements.’
- ‘They are very quick to respond, know the business and know our challenges.’
- ‘We have been working with Kennedy van der Laan over the past 10 years in the field of competition law. The cooperation is good and successful. The team is well informed about our business and the relevant completion law issues.’
The Legal 500 EMEA 2022 - Dispute Resolution: Commercial Litigation - Ranked
Kennedy Van der Laan acts for both domestic and international clients on complex cross-border disputes, and has recently seen an uptick in collective actions instructions. Christoph Jeloschek co-heads the team and has considerable experience in cross-border litigation, particularly in the it sector. Martine de Koning also co-heads the team and is recommended for commercial disputes.
Practice head(s): Christoph Jeloschek; Martine de Koning
Other key lawyers: Veerle van Druenen; Isabel van Tuyll van Serooskerken
Testimonials
- ‘They are very professional and render timely legal services’.
- ‘They precisely examine all the details of the work that needs to be done’.
- ‘They are very down to earth and hands on, and do not make things overly complicated’.
Who's Who Legal 2022 - Thought Leaders Global Elite - Franchise
Martine de Koning is ranked by WWL as a Global Elite Thought Leader on Franchise.
WWL says: Martine de Koning draws praise as a “knowledgeable and practical lawyer who services household names, especially from a competition law perspective.”
Bill Berner, General Counsel Nike EMEA
"Kennedy Van der Laan is a no-nonsense, value for money, reliable business partner. Their attorneys understand our industry, are very professional and a pleasure to work with. They look at the bigger picture and bring innovative and practical solutions. They quickly focus on the essence and are not overly theoretical in their approach. They are passionate about their profession and it shows."
The Alliance for Nike, under leadership of Kennedy Van der Laan, has now been in place in the wider European region for five years and it is a great success. In the first years the Alliance accelerated efficiencies, drove convergence and significantly improved spend predictability and insight. In more recent years, the emphasis was on intensive knowledge and best practices sharing, innovative (digital) communications, effective feedback processes, and central project coordination. The Alliance allows us to retain the firms that are the best fit to Nike’s needs in each jurisdiction, while still benefitting from centralized management by Kennedy Van der Laan. It is a true partnership, and the Alliance continues to thrive and expand both in legal fields and jurisdictions.”