Trade Law Compendium

This document describes New York’s freedom of contract laws and many of the common exceptions to them. It also discusses the Uniform Commercial Code which defines the rules for distribution and sales representative agreements throughout the state. In addition, the document explains issues regarding franchise laws, tax considerations, and competition/anti-trust/non-compete covenants. Prepared by: Harter Secrest & Emery LLP.

This document outlines Austria’s laws regarding the contracting of outside parties. It describes how trade representatives are to be contracted and their legal protections. Brief descriptions of Austrian Competition Law and Antitrust regulations are also given. Furthermore, links to outside resources are included. Prepared by: Barnert Egermann Illigasch Attorneys at Law. Presented in a PDF. 

This document focuses on the Belgium Distribution Act and how it affects both parties involved in transactions. It specifies the terms of ending an agreement and the proper procedures for doing so. In addition, the Belgium Agency Act is discussed as well as how it applies to ending an agency agreement. The Belgian Precontractual Information Act is also described in length. Prepared by: Marx Van Ranst Vermeersch & Partners.

This document focuses on agency and distribution agreements in Brazil in the context of the Civil Code. It lists the particulars of these types of agreements as well as details on how they are handled in the Brazilian court system. Prepared by: Bichara, Barata & Costa Advogados.

This document details sales and distribution arrangements in Canada and the laws that govern them. Specifically discussed are the regulations and liabilities for these relationships, the Competition Act, intellectual property rights, and taxes. Prepared by: Nelligan O’Brien Payne LLC.

This document outlines how The Civil Code of Québec (CCQ) provides the basic provisions for the relationships between sales contracts and distribution. The competition legislation for Québec is also described in depth. Some specific legislation discussed are the Competition Act and the Consumer Protection Act. Prepared by: De Grandpré Chait LLP.

This document outlines the terms for preparing business-related contracts in Ontario. It also describes in depth many of the laws used in sales representative and distributor contracts. Prepared by: Shibley Righton LLP.

The document provides information about Danish agency and distribution agreements, such as freedom of contract laws and product liability agreements, competition and tax law, and international conventions. In addition, the document lists several websites describing Danish trade laws. Prepared by: Lund Elmer Sandager.

This document outlines changes that have been made to the community customs code and how this may affect local business. There are also comments from lawyers, which are helpful for anyone looking to review their license and sale agreements. Prepared by: DS Avocats.

This document describes several specific laws that govern freedom of contract in India, along with topics including exceptions, absent or ambiguous terms, oral contracts, competition law issues, tax considerations, and further contracting details. Resource links are also provided to assist the reader, and the resource is available in PDF. Prepared by: Link Legal India Law Services.

This document defines Italy’s restrictions associated with freedom of contract regarding agency agreements and distribution agreements, as well as the differences between them. This resource also specifies the legal issues including exclusivity and non-compete provisions, choice of law, competition law issues, taxes, and international conventions. Prepared by: DS Avvocati Santa Maria Tristano Ziccardi.

This document explains how the Mexican Civil Code regulates sales representatives and distributorships. Also described are Mexico’s exclusivity terms, choice of law, non-compete provisions, mandatory provisions, and special tax considerations. Prepared by: Cuevaslugo Abogados.

This document describes how distribution, agency, and sales relationships are treated in Dutch law. It also details the Netherlands' terms regarding the freedom of contract, competition law issues, taxing considerations, and international conventions. A list with helpful Dutch trade law websites is also included for reference. Prepared by: Höcker Advocaten.

This document gives background information about Norway’s legal system and outlines several specific contract laws, competition laws, and tax regulations. The document also details the international conventions that Norway complies with. Prepared by: Hodneland & Co DA. Opens in PDF.

This document provides background information about contract agreements in Poland, including a discussion on freedom of contract, absent or ambiguous terms, and oral contracts. It also describes competition and antitrust issues, tax considerations, and provides links to additional resources for more information on Polish law and economy. Prepared by: Olejniczak & Richardson.

This document describes how Portuguese law governs the contracting of agencies and distribution agreements. It specifically outlines the contractual freedom each party has and details competition laws and tax regulations. Prepared by: Costa Basto, Jorge Fernandes, Veríssimo e Associados.

This document outlines how agents, distributors, and sales representatives are treated differently under Spanish law. It also describes exclusivity and non-competition provisions, choice of law, special tax considerations for businesses, and international conventions. It also provides links to several useful Spanish websites. Prepared by: DS Advocats. Opens in PDF. 

This document describes several specific laws that govern freedom of contract in the United Kingdom, along with topics including choice of law, competition law issues, tax considerations, and international conventions. Prepared by: Bircham Dyson Bell LLP.

This document describes several specific Scottish laws regarding contracts and distribution. It also outlines the country’s competition and non-competition laws, tax laws, import regulations, and human rights laws. Also provided are several useful Scottish websites and their links. Prepared by: Gillespie Macandrew LLP.

This document provides a thorough description of Ohio’s laws regarding distributorships, franchise agreements, monopolies, trade relationships, and other specific types of businesses. Prepared by: Walter & Haverfield LLP.

This document outlines Minnesota's laws regarding franchises, distributors, sales representatives, and how their contracts are to be created. Prepared by: Mackall, Crounse & Moore PLC.

This document describes how the New Jersey Sales Representatives’ Rights Act, freedom of contract, and the Franchise Practice Act help to determine business actions. A brief overview of New Jersey's economy is also provided. Prepared by: Fox Rothschild LLP.

This document defines Pennsylvania’s laws pertaining to freedom of contract and franchises and is a part of a series of documents on trade law reports. It also discusses the Commissioned Sales Representative Act and Pennsylvania’s economic background. Prepared by: Fox Rothschild LLP.

This document describes Maryland's freedom of contract laws and their restrictions on non-compete provisions and exclusivity. The Maryland Fair Distributorship Act is also explained in detail, along with information regarding sales taxes. Prepared by: Whiteford, Taylor & Preston LLP

This document provides an overview for the legal climate of conducting business in Delaware. Also included is a section on freedom of contract. Prepared by: Whiteford, Taylor & Preston LLC

This document describes the Illinois Sales Representatives Act in detail and how it affects all aspects of business, from the manufacturer to the sales representatives. It also discusses exemplary damages and attorneys’ fees, choice of law and forum-selection clauses, and other common issues regarding contracts. Opens in PDF. Prepared by: Shefsky & Froelich Attorneys at Law.

The document outlines how Indiana law applies to the relationships between companies, sales representatives, and distributors. It also defines Indiana’s restrictions for terms in written contracts, exclusivity and anti-trust considerations, non-compete provisions, and choice of law. Prepared by: Kightlinger & Gray, LLP. Opens in PDF.

The Sales Representative and Distributorship Contracts in Massachusetts document describes how Massachusetts law regulates agreements with a sales representative or distributor. It also outlines the process for handling contracts and the exceptions for freedom of contract, terms in contracts, independent employment laws, uniform commercial code, and business taxes. Prepared by: Sherin and Lodgen LLP.

This document describes Michigan’s use of Freedom of Contract and its exceptions. The Michigan Sales Representative Act and Michigan’s limitations on the enforceability of non-competition agreements are also briefly described. Issues such as absent or ambiguous terms, oral contracts, franchise relationships, taxes, and antitrust laws are discussed as well. Prepared by: Foster, Swift, Collins & Smith, P.C. File opens in PDF.

This document provides the legal framework that a manufacturer who is interested in pursuing a sales representative or distributorship arrangement in Oregon should follow. Brief summaries of potential legal issues involving contracts, representative statutes, noncompetition provisions, franchise details, tax implications, and Oregon antitrust laws are also included. Prepared by: Ater Wynne LLP Attorneys at Law.

This document examines Utah’s freedom of contract laws, and its specific exception: the Utah Sales Representative Commission Payment Act. It also describes several other common issues in sales representative or distributorship arrangements such as non-competition provisions, franchise or business opportunity laws, tax implications, and antitrust law complications. Prepared by AterWynne LLP Attorneys at Law.

This document covers legal issues dealing with business contract law in the State of Virginia. It has information on topics such as freedom of contract, franchise, exclusivity, choice of law, non-compete provisions, and special tax considerations. Prepared by: Whiteford, Taylor & Preston LLP

This document provides a brief description of the Washington Sales Representative Statutes along with many of the common issues that arise such as wholesale agreements, commission deadlines, and post-termination commission contingencies. It also touches on several other potential issues such as noncompetition provisions, franchise or business opportunity possibilities, tax implications, and Washington antitrust laws. Prepared by: Ater Wynne LLP Attorneys at Law.

This document describes the Wisconsin Fair Dealership Law and the Wisconsin Franchise Investment Law in depth. Prepared by: DeWitt Ross & Stevens Law Firm.