Discusses the principal items to be dealt with in an agreement between a supplier and his agent or distributor, focussing on the key differences between an agent and a distributor and competition law issues. Summarises the main points by way of a checklist for each of an agency agreement and a distributorship agreement.
Reviews the main provisions of the Commercial Agents (Council Directive) Regulations 1993 (as amended), highlighting the areas of: (1) what constitutes a commercial agent; (2) the statutory rights and duties of the parties; (3) remunerating agents; and (4) terminating the agency.
Examines the process of disintermediation in the light of the growth in ecommerce. Focuses on the competition issues, the concepts of active and passive selling and the view of the European Commission in connection with of the use of web sites by agents and distributors.
Provides an insight into the EC Regulation exempting certain categories of distribution and supply agreements from the application of Article 81 of the EC Treaty. Sets out the criteria with which the parties to such types of agreement must comply in order to ensure that their agreements enjoy the protection of the exemption.