IJsbrand Uljée

Local distributors and commercial agents Distribution relationships What alternative distribution relationships are available to a supplier? Freedom of contract exists in the Netherlands for commercial contracts in principle, meaning that parties have freedom to structure their relationships as they wish.

Regulation of the distribution relationship Competing products Are restrictions on the distribution of competing products in distribution agreements enforceable, either during the term of the relationship or afterwards? In the Netherlands, both EU and Dutch competition law apply. EU competition law applies to distribution agreements that have an effect on the EU internal market. Otherwise, the Dutch Competition Act, which is materially similar to EU competition law, applies.

Direct distribution Ownership structures May a foreign supplier establish its own entity to import and distribute its products in your jurisdiction? A foreign supplier may establish its own entity in the Netherlands. May a foreign supplier be a partial owner with a local company of the importer of its products? A foreign supplier may be partial owner of a company that is an importer of its products. What types of business entities are best suited for an importer owned by a foreign supplier?