Agents and Distributors

The conclusion of long-term cooperation agreements between manufacturers/importers on the one hand and distributors or agents on the other hand can have a significant impact on the growth prospects for many companies. We advise manufacturers, importers, distributors, dealers and agents on these types of cooperation.

Sales activities are often regulated by 'gentlemen's agreements', whether in Denmark or internationally. However, as is the case in many other situations, it is extremely important to ensure a reconciliation of expectations in the form of a written contract.

We have many years of experience in advising manufacturers, importers, distributors, dealers and agents and thus considerable insight into the needs of both parties in connection with the start-up of such cooperation. 

We also have extensive experience in advising parties whose cooperation no longer lives up to expectations, helping them to decide on a strategy for the future, which may involve either changing or terminating their working relations.

When entering into cooperation with distributors or agents, it is extremely important to prepare well for the negotiations. It is important to establish whether there are special aspects of the parties' cooperation which should be incorporated in the contract.

We act as an active adviser and sounding board for our clients in all matters concerning the conclusion of contracts with the ultimate aim of ensuring the right solutions for individual clients.

Our advisory services cover, for example:

  • Advice concerning and drawing-up of agency and distribution agreements
  • Handling of IP rights
  • Assessment of competition law issues
  • Drafting of transfer agreements
  • Advice in connection with the amendment of contracts
  • Advice in connection with the termination of contracts
  • All forms of assistance in connection with dispute resolution

Since 2000, Partner Jørgen Lykkegård has written numerous publications on the law of commercial agents. Most recently, in 2014 he published a second edition of the Danish Commercial Agents Act (Handelsagentloven) with comments together with Djøf Publishing. Jørgen regularly teaches course on the subject, and also acts as an adviser for several trade organisations in the area.