References

From distribution to agency
Advising all OEMs that have decided to change their classic distribution models into agency models. Involved in the first actual transitions, which involved completely new terrains, new contracts and new systems.

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Direct sales
Assisting clients that are selling directly to end customers, or are moving in that direction, involving creative solutions for difficult statutory barriers. Excellent knowledge of all relevant consumer laws.

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Franchising
Litigation for a major OEM on the question whether or not their dealer contracts are to be qualified as franchise contracts under a relatively new and far-reaching Dutch Franchise Act. The case was won in two instances, on different grounds.

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Change of control
In-debt experience in assisting sales-buy processes, where the interests of the seller (to obtain an optimal selling price) is not aligned with the interest of the network manager (to obtain an optimal network). 

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Assembly contracts
Assisting one of the leading European contract manufacturers over a period of more than three decades. This makes the team very well placed to assist OEMs from outside the EU to negotiate assembly contracts with European manufacturers, as well as all related contracting in areas such as IP licensing, supply, logistics, warehousing, etc.

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Withdrawal from the market
Coordination of the withdrawal from the European market of an entire brand of an American OEM, involving intense cooperation with the general counsel as well as local counsel in more than 30 European jurisdictions.

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New wholesale and retail contracts
Extensive experience with drafting and negotiating both wholesale and retail contracts (sales and service) under sometimes very difficult circumstances and a lot of pressure to get it all done within a short period of time and an agreed budget, while keeping all stakeholders on board. Close cooperation with the Technology Group for all aspects in relation to the collection and exchange of customer data.

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Defective products and recalls
Advising and litigating on a number of aspects in relation to defective products. Help creating adequate recall and compensation programmes in difficult situations (e.g. when the products cannot be used for a significant period of time, or have been sold online into markets without authorised representatives), involving negotiations with national various authorities and litigation in several jurisdictions.

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Wholesale finance
Drafting wholesale finance arrangements (including floor plans) and litigating them in situations where dealers or manufacturers have gone bankrupt. Knowledge of all relevant securities and contractual solutions that can stand the test.
 

The automotive sector is undergoing significant changes. Electrification makes running an automotive company extremely challenging as governments and consumers cause uncertainties that are difficult to manage. Other players in the market, such as wholesalers and retailers, need to review their business models on an almost constant basis. Being the only law firm in The Netherlands with a dedicated automotive practice, our team has amassed an invaluable track record in this sector.

We have been involved in practically all restructurings of distribution networks in the past couple of decades, setting up new sales and service models, major litigation, as well as assisting new players to set up their European networks. The team has an excellent international reputation and a good working relationship with a network of experienced local counsel all over Europe, which we often coordinate as lead counsel. We dare say there is no one in the automotive sector that does not know or has never come across our firm’s automotive team.