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.
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). 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 online business models. Brand positioning is leading in developing a strategy for legally sound internet sales (platform) restrictions, data sharing, licensing of technology, know how 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. Read more about our tailor-made service: Customized Alliance.
Market recognition
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.
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.”
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."
