Our
Expertise

In Belgium, distribution law has to be handled with particular sensitivity due to the intricate legislation in this area, including the Act of 19 December 2005  governing pre-contractual information in connection with business partnership agreements, and above all the Act of 27 July 1961 on the unilateral termination of exclusive distribution agreements entered into for an indefinite period of time.

Distribution law cannot be considered independently from competition law - in particular where a selective (qualitative and/or quantitative) distribution network is being developed. Similarly, it depends on the protection of the supplier's intellectual property rights, which need to be safeguarded against infringements, counterfeiting or illegal copying.

Addressing the needs of manufacturers, importers or their distributors, the department has the various forms of expertise required to translate their distribution project into legal solutions. This involves:

• the choice of contract type (distribution, agency, franchise), and its drafting and negotiation
• following up on its performance whenever essential clauses have been breached or are about to be breached (territorial exclusivity, sales objectives, criteria for the selection of suppliers, etc.)
• the methods of termination, whose financial implications are usually very significant (notice period, clientele indemnity, stock resale, etc.)

The department has extensive experience in each of these legal fields, and it uses that experience to serve its clients in sectors such as luxury goods, clothing, furniture, automobiles, large-scale food retailing, watchmaking, toys, papers, wines and alcohol, etc.

* SC Janson Baugniet CV