“Hard core” restrictions include items such as setting minimum or fixed resale prices for sale on products, or restrictions for areas or customers to whom the distributor can passively sell (for example. B, general and non-targeted marketing or online advertising). On the other hand, a limitation of “active sales” is allowed by the VABE for a given territory, where there is already another exclusive agreement with another distributor in that territory or if it is reserved for the client himself. An exclusive agency agreement generally consists in the agent and the client agreeing that the client will not appoint other agents (i.e. the representative`s competitors) in the representative`s agreed territory and that the prime contractor does not actively seek to sell himself, although the client sometimes reserves the right to speak directly to designated companies. An exclusive agency agreement can also prevent an agent from entering into similar agency transactions with the client`s competitors. If you are considering using a business intermediary, you should seek professional advice. The law not only places particular legal importance on agency relationships, but it is also possible that the parties may find that they have formed such a relationship without being aware of it. 1.
anti-competitive agreements that distort, restrict or prevent competition, for example. B: This regulation is legal and is due to the “Agency Act”, which governs agency contracts for the representation of foreign companies. (see here) Capital No contribution or proof of social capital is required. The main laws applicable to agency contracts in the UK are: It is important that your sales contract has conditions to meet your business needs, including: not all agency agreements are covered by the 1993 regulations. In order for them to apply to an agency agreement in the UK, the trade agent must: competition law has implications for distribution agreements, both under EU and UK law. In the United Kingdom, anti-competitive behaviour affecting trade in the United Kingdom is prohibited by both the Competition Act 1998 and the Enterprise Act 2002. In addition, Articles 81 and 82 of the EC Treaty apply when anti-competitive behaviour affects trade in or between EU member states. A distributor sells the goods or services of the prime contractor. The sales contract is between the final customer and the distributor and does not concern the client who manufactured the property or created the service. The distributor owns the goods before it is passed to the final customer. This is because a trader buys the goods from the client, contrary to an agency agreement.
The EU directive is implemented in slightly different ways at EU level. Although it is not possible to oppose the directive, the parties may agree that the laws of a state other than the United Kingdom are applicable in the EEA. This could mean that the agreement would be subject to another version of the directive. The rules governing laws and legal orders are incredibly complex and it is not possible to summarize here the effects of such an agreement between the parties. A distribution agreement is particularly useful when a prime contractor wants to sell its products in a market or territory in which it does not currently operate. Agreements are generally vertical in nature, between two companies at different levels in the same supply chain. The main advantages of using distribution agreements are: A business owner or a captain without a written agreement with his agent may find that his representative has significant rights under the regulations of commercial agents.
