Distribution, Franchise and Commercial Agency

“Kennedy Van der Laan is the ideal sparring partner to create and improve the channels used to bring your products and services to the end customer.”

We are specialists in distribution, franchise and commercial agency.

Reputation, service and brand positioning play an important role. Franchise is a highly successful business model, that has taken off worldwide. Currently, franchise laws globally are in the midst of change. Franchise laws in the Netherlands are a good example. Since 2016, Dutch franchisors have been subjected to self-regulation by means of the Dutch Franchise Code and the potential consequences of implementation into law. The relationship to a franchise association is crucial. Our goal is to act as sparring partner for our clients and to achieve cost efficient results.

Selective distribution is advantageous from a quality perspective, even though subject to competition rules. Exclusive distribution can also be effective. On line trade is bigger than ever. Consignment stock, commission agency, faster delivery and complex logistics are key in an increasingly e-commerce driven world. Social networking, ambient intelligence, dynamic pricing, Big data, price comparison sites, loyalty programs and sales through unrestricted market places pose great opportunities but also challenges like never before. A focused and integrated omnichannel approach synchronises offline & online sales efforts to ensure success.

We are specialists in supply chain management: sales, manufacturing, procurement, sourcing, warehousing, logistics, transportation & compliance (such as competition law, pricing, product safety, recall &  labelling). The first step in the process is to put adequate contracts in place. This can be complex international collaboration agreements or more general such as terms & conditions of sale.  While partnerships are built for the future, the time may come when it is preferable to end a partnership. Co-operation may have become stalemate, results may not have reached expectations or the original franchise concept or distribution strategy needs major changes. Sometimes it is necessary to part from a group of partners. We have a clear vision and defined processes to handle controlled exits and transitions. We have extensive experience to do this internationally in Europe, America, the Middle East, Asia & Africa. We take an advisory role and, if needed, resolve disputes across borders in order to achieve quick and effective results.

Our international team serves multi-national corporations and successful domestic businesses with international ambitions. We are active across all sectors and have special expertise in Fashion & Retail, Pharmaceuticals, Technology, Hospitality, Travel & Leisure.

The lawyers in our commercial department are renowned for providing outstanding service, superior market knowledge, innovative thinking & cost-effectiveness.

Through our Customized Alliance and other specialist networks for this field e.g. EuroFranchise Lawyers & Terralex Network, we are able to offer worldwide solutions as lead counsel with specialist foreign law firms.

Who’s Who Legal 2017 – Franchise

Martine de Koning is recommended as expert and thought leader.

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 franchisors in their international expansions plans and also assists foreign clients with establishing a presence in Europe, the Middle East and Africa.


 

Legal 500 EMEA 2017 – Retail – Tier 2

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.

Geoblocking Regulation is final!

On February 28 Europe adopted the Geoblocking Regulation. The European Parliament, European Commission and Member States have collectively reached a...

14 march 2018 

Dutch Supreme Court clarifies the rules for termination of continuing performance contracts

Following a sequence of judgments in recent years, on Friday 2 February 2018 the Supreme Court further clarified the doctrine of termination of...

27 february 2018 

Kennedy Van der Laan Launches Microsite for Expert GDPR Support

Via gdpr.kvdl.nl the privacy team of Kennedy Van der Laan offers a clear-cut action plan for the route towards GDPR compliance. Nicole Wolters...

06 november 2017 

The Franchise Law Review: Netherlands

By Martine de Koning Franchise fulfils an important role in the Dutch economy. Approximately 750 franchisors are active on the Dutch market....

01 february 2017 
Martine de Koning

Martine de Koning

Attorney at law, Partner

  • Martine de Koning https://kvdl.com/our-people/martine-de-koning/ Attorney at law, Partner +31 20 5506 639 martine.de.koning@kvdl.com http://nl.linkedin.com/in/martindedekoning
  • Bart-Adriaan de Ruijter https://kvdl.com/our-people/bart-adriaan-de-ruijter/ Attorney at law, Counsel +31 20 5506 659 bart.de.ruijter@kvdl.com http://www.linkedin.com/pub/bart-adriaan-de-ruijter/4/a80/180
  • Jelle Blom https://kvdl.com/our-people/jelle-blom/ Attorney at law +31 20 301 6605 873 jelle.blom@kvdl.com https://nl.linkedin.com/in/jelleblom/
  • Isabel van Tuyll van Serooskerken https://kvdl.com/our-people/isabel-van-tuyll-van-serooskerken/ Attorney at law + 31 20 5506 820 isabel.van.tuyll@kvdl.com https://www.linkedin.com/in/isabel-van-tuyll-54527121/