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
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 2021 - Dispute Resolution: Commercial Litigation - Ranked
The well-resourced team at Kennedy Van der Laan has 'excellent knowledge of and connections to various industries, a hands-on approach, good to work with especially in international cases.' Christoph Jeloschek and Martine de Koning lead a team of five partners and 21 associates, acting for well-known multinationals, including matters before the Supreme Court. Partner Bart de Ruijter moved to CMS.
Practice head(s): Christoph Jeloschek; Martine de Koning
Other key lawyers: Veerle van Druenen; Isabel van Tuyll van Serooskerken
Testimonials
- ‘I immediately noticed that the team has extensive knowledge and experience in handling disputes about commercial agreements. The team handled a dispute with one of our agents very well. Advice is always very practical, honest and straightforward.’
- ‘Martine de Koning is extremely knowledgeable and experienced in advising about selective distribution networks. She knows everything there is to know about civil law as well as the competition law aspects of contracting as a retailer. Apart from this, she is very approachable and nice to work with. Martine is my go-to person for any question about selective distribution or vertical agreements in general.’
- ‘Isabel Tuyl van Serooskerken is very knowledgeable and experienced in handling disputes about agency agreements. Her advice is always clear, understandable and straightforward. Isabel is my go-to person for any questions about agency agreements. ’
Chambers Europe 2021 - Competition/European Law - Ranked
What the team is known for
Assists financial sector clients with competition matters, including obtaining approval for joint ventures. Also represents transport sector clients in cartel damages claims. Acts for retail sector clients on contentious distribution matters. Additionally has clients from the healthcare sector.
Strengths
The firm's straightforward manner of counsel is appreciated by clients, one singling out its "clear and pragmatic advice."
Another endorses the team for maintaining "a good balance between quality and speed."
Work highlights
Advised Dutch public transport operators NS, GVB, HTM and RET on European merger regulations in respect of the creation of a joint venture.
Notable practitioners
Annemieke van der Beek represents financial institutions, transport operators and fashion retailers in competition cases spanning merger control procedures and dawn raid investigations. Clients extol her business understanding, one citing her "thorough knowledge of competition law and client-oriented way of working."
Martine De Koning maintains a clientele of fashion retailers, luxury brands and telecoms operators. She is particularly well known among sources for her advice on distribution agreements.
Who's Who Legal 2021 - 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 is described by sources as “an excellent lawyer, who knows a great deal about distribution-related competition law aspects”
Read the full recommendation at Who' s Who Legal.
The Legal 500 EMEA 2020 - Industry Focus: Retail - Tier 1
The Kennedy Van der Laan practice fields 'one of the leading teams in the Netherlands'. Martine de Koning heads up the group and, alongside her EU competition expertise, she is considered 'one of the best franchise lawyers'. Associate partner Bart-Adriaan de Ruijter handles a range of transactions, contentious matters and Brexit-related issues for retail clients, while senior associate Jelle Blom focuses on commercial and international trade matters. Acting for household-name clients, the team handles domestic and cross-border matters including joint ventures, distribution and licence agreements, competition and anti-trust work, and real estate mandates alongside the related litigation and arbitration proceedings.
Leading individuals
Testimonials
- ‘The franchise and retail team of KvdL is one of the leading teams in the Netherlands. It is always a pleasure to work with them.’
- ‘Martine de Koning is one of the best franchise lawyers worldwide. She combines civil and consumer law, competition law and trade mark law in a unique and excellent way.’
- ‘The team is very successful in providing high level legal assessment together with a very good understanding of business environment.’
- ‘We have worked closely with Martine de Koning, Jelle Blom and Renske Sinke. Between them they share excellent knowledge of the legal issues that are relevant when working in retail and they know how to “translate” this knowledge to make it work on a practical level.’
The Legal 500 EMEA 2020 - EU & Competition - Ranked
Kennedy Van der Laan displays deep expertise in the banking and financial sector, regularly advising the three largest Dutch banks. A notable matter highlight involved practice head Annemieke van der Beek and Martijn van Bemmel advising Dutch Payments Association regarding a dawn raid and the following procedure. Martine de Koning is another key member of the team and leads cases on abuse of dominance, vertical restraints and transfer of technology. Clients praise the competition team for its 'high-quality work' and 'professional, knowledgeable and practical lawyers'.
Testimonials
- ‘The competition law team at Kennedy Van der Laan consists of professional, knowledgeable and practical lawyers, who are very effective in obtaining the required results. They are thorough and deliver high-quality work‘.
- ‘I have worked with Martijn on a complex matter of competition law relating to the Dutch lottery system. He has extensive knowledge of competition law and is a really clever and skillful lawyer. Martijn is a great professional, who is positive and efficient at getting deals done. I can highly recommend him to others who require high-quality and practical legal advice‘.
- ‘Annemieke van der Beek. Very nice to work with, a real professional with a sharp insight into the client’s business‘.
The Legal 500 EMEA 2020 - Dispute Resolution: Commercial Litigation - Ranked
A notable list of clients turn to the team at Kennedy Van der Laan for assistance with commercial litigation. Work handled by the firm spans contract disputes, interim relief proceedings, and pre-trial actions. A team led by Martine de Koning is representing a global sports brand in cross-border litigation regarding online sales restrictions in its selective distribution policy. Also recommended are joint practice heads Christoph Jeloschek and Bart-Adriaan de Ruijter; the latter specialises particularly in matters concerning D&O liability.
Chambers Global 2020 - Franchising - Global Wide
Martine de Koning is ranked global wide within Franchising.
"Martine de Koning is based in Amsterdam and is very active in the European franchise market. Clients say: "She is a very energetic and professional lawyer. She is very pragmatic and at the same time goes deep into legal issues." Other sources describe her as "very sharp, intelligent and very well informed.""
Chambers Europe 2020 - Competition/European Law- Ranked
Assists financial sector clients with competition matters, including obtaining approval for joint ventures. Also represents transport sector clients in cartel damages claims. Acts for retail sector clients on contentious distribution matters. Additionally has clients from the healthcare sector.
Strengths
Clients underline the firm's knowledge in this area.
Notable practitioners
Annemieke van der Beek particularly assists clients from the banking industry. Her practice includes experience of follow-on cartel litigation, as well as handling complex abuse of dominance proceedings before the ACM.
Martine De Koning enters the rankings on the back of positive assessments from clients, who describe her as "very well connected" and "very strategic." She is particularly active for clients from the retail and fashion industries, advising on vertical restraints, as well as franchise and distribution agreements.
Who's Who Legal - Thought Leaders Global Elite 2020 - Franchise
Martine de Koning
WWL says:
"Martine de Koning is a “very active” franchise lawyer with “exceptional legal knowledge”. She has extensive experience of structuring complex matters including joint ventures."
Read the full recommendation at Who' s Who Legal.
The Legal 500 EMEA 2019 - Industry focus: Retail - Tier 1
The Kennedy Van der Laan practice 'provides creative solutions, combining expertise in different areas such as IP, distribution, data protection and licensing and also stands out at managing complex projects' and it specifically benefits clients with 'significant expertise in the retail industry'. Martijn van Bemmel and Jelle Blom are 'outstanding' while Martine de Koning is viewed as 'a top lawyer who perfectly knows the retail industry'. Nike, Converse, VodafoneZiggo and Elecosoft UK are among its client list. Of late the team has handled matters including a complex distribution dispute, franchising, and online retailing issues. It also advised Panda Sporthallen Exploitatie in a Court of Appeal case in which it claimed compensation for the early termination of a fitness club franchise format. Counsel Bart-Adriaan de Ruijter and senior associate Isabel van Tuyll van Serooskerken are other team members of note.
Who’s Who Legal – Thought Leaders Global Elite 2019 - Franchise
Martine de Koning
Martine stands out for her “quick, professional and straightforward advice”. She has an excellent reputation among peers and clients who praise her technical legal knowledge.
The Legal 500 EMEA 2018 - Retail
"Best known for franchising, distribution and commercial contracts, Kennedy Van der Laan’s practice has cross-border capabilities, and is ‘particularly knowledgeable about e-commerce’. Group head Martine de Koning ‘combines great commercial, legal and competition law knowledge’. Ahold Delhaize is a client."
Monique van Diessen, Nike Europe
"We highly recommend Martine de Koning, first and foremost because of her knowledge and creativity in providing solutions and strategic thinking."
Bill Berner, General Counsel Nike EMEA
"Martine de Koning has been Nike’s Account Manager at Kennedy van der Laan since 2000. Over the years, Martine handled strategically important litigation for us such as international commercial disputes and competition law cases before the relevant authorities. She has a clear vision and takes the lead in a smart and assertive manner with an eye to effective communication with all stakeholders involved. Martine offers high service levels and quickly understands the business interests at stake. Martine handled in a pragmatic way many franchise, distribution, agency and procurement cases over the years. She became involved early on in the legal support of the Nike stores project, including localisation and implementation of contracts in the EMEA region. Martine was a key player in the creation of the Alliance for Nike, an innovative concept which allows Nike to work with selected firms in a number of European countries, under the leadership and coordination by Kennedy van der Laan, creating savings and efficiencies and driving convergence."
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.”