International Commercial Agency Contracts

Commercial Agency can be an excellent way to offer goods and/or services across national borders, and enter into markets otherwise out of reach. It allows the principal to mitigate risks and share costs, whilst at the same time retaining control over its pricing, customer base and branding. For the commercial agent it is often an excellent opportunity to exploit his commercial strengths and network to their fullest potential, whilst at the same time keeping commercial risks and investment costs at an acceptable level. For some companies it also allows to diversify their portfolio and achieve much needed economies of scale.

Parties must, however, take a number of often mandatory rules into consideration that may vary considerably even in a EU-context. Both the scope and the extent of the protection afforded by such rules and the formalities attached thereto, differ from country to country, whereas some key aspects of the cooperation may or may not be specifically addressed. This combination quite often leads to unpleasant and costly surprises. Of note is also the impact of (European) competition law.

A well-tailored contract and well considered choice of law and jurisdiction (or equally well considered lack thereof) are thus paramount.

Combining his academic knowledge and practical experience, Dave Mertens will discuss the key issues and suggest pragmatic solutions, using practical examples and immediately usable model clauses.

Start webinar: 14:00