Martine de Koning

Fashion & Retail / Brexit / Franchise, Distribution, Agency / Dutch and European Competition Law / Litigation & Arbitration / Commercial Contracts / International Trade Unions & Treaties / Abuse of dominance / Selective and Exclusive distribution / Consumer Law, Omnichannel & Geoblocking / Licensing and transfer of technology / Internet Sales (platform) restrictions / Loyalty Programs / Logistics, transportation & warehousing / Product compliance & labelling / Follow-on litigation / Import and export regulations.

Martine combines in depth knowledge of EU and competition law with a deep understanding of commerce and trade. She is praised for her ‘sharp strategic insight, knowledge and creativity in providing solutions’. She handles litigation in a ‘smart, assertive and effective’ manner.

Martine leads cases on abuse of dominance, vertical restraints and transfer of technology. Martine advises and handles disputes on tying, pricing, rebates, trademark and patent licensing and know how. With her lifelong focus on the fashion and retail sector she acts for her clients on internet sales restrictions, third party platform restrictions, geoblocking, dynamic pricing, omnichannel (seamless marketplace), e-commerce, inventory sharing, dual distribution, horizontal and vertical data sharing, loyalty programs and big data.

She structures complex international cooperation such as joint ventures, outsourcing and vertical (channel) agreements. Martine is an ‘outstanding knowledgeable authority on strategic competition law relating to franchising. She represents domestic franchisers in their international expansions plans and also assists foreign clients with establishing a presence in Europe, the Middle East and Africa’. Martine is a ‘shrewd contract drafter and negotiator’. She handles sales, manufacturing, procurement, logistics, transportation, warehousing, joint ventures, outsourcing and other domestic and international commercial contracts and related disputes. She also practices in customs and trade, and product safety and compliance. Martine’s interests include international trade unions and treaties (EU, WTO, ASEAN, APEC, NAFTA, Caricom) and exports regulations and sanctions.

The Legal 500 EMEA 2019 - EU and Competition

Kennedy Van der Laan 's team 'works efficiently and is focused on the bigger picture'. It has notable strength handling competition matters in the banking and finance, retail and healthcare sectors. Annemieke van der Beek assisted the Dutch Payments Association during a dawn raid and is acting for the client in an ongoing investigation by the European Commission into its role in the alleged misconduct by Dutch banks surrounding their payment accounts and third party access. Martine de Koning, who is 'very dynamic', and senior associate Martijn van Bemmel are other names to note.

The Legal 500 EMEA 2019 - Industry focus: Retail

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 2018

“Martine de Koning 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’. Fenna van Dijk advised Planetree on a healthcare licensing dispute with former licensee Creative Power. Ahold Delhaize is another client."

The Legal 500 EMEA 2018 - 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."

The Legal 500 EMEA 2018 - EU and Competition - Ranked

"Martine de Koning is a name to note."

The Legal 500 EMEA 2017 - Retail - Ranked

"Commercial and competition specialist Martine de Koning leads Kennedy Van der Laan’s practice; she is particularly strong in cross-border franchising, distribution, procurement and commercial contracts. Recent work includes representing Albert Heijn in proceedings against Pollemans regarding the latter’s desired implementation of an age-verification system. The department advised Nike Europe on various contentious and non-contentious matters."

Who's Who Legal 2017 - Franchise

"Kennedy Van der Laan is home to the "outstanding" Martine de Koning, an exceptionally knowledgeable authority on strategic competition law relating to franchising. She represents domestic franchisers in their international expansion plans and also assists foreign clients in establishing a presence in Europe, the Middle East and Africa."

Who's Who Legal 2015 - Franchise

"At Kennedy Van der Laan, Martine de Koning ranks highly in the Netherlands. She is described as "a very professional hands-on lawyer with shrewd understanding of franchise agreements", according to peers."

• Managing the global alliance of independent firm across jurisdictions for a global sports brand.
• Represented the European branch of a global sports brand in vital Dutch parallel proceedings against a German retailer, concerning EU competition law and to which extent retailers can be included/excluded as business partners.
• Designed a tailored litigation strategy for a global sports brand to establish the best forum to litigate on the validity under EU competition law of restrictions imposed in its selective distribution policy.
• Representing a global sports brand with the complex process of exclusive distribution contract terminations.
• Supported a European social enterprise with a dispute regarding the termination of an exclusive distribution agreement. Subsequently drafted contracts for and assisted in the roll-out of a new selective distribution system that includes resellers of promotional gifts, and concept stores which helps in monitoring and limiting the exposure of the enterprise.