Notice Of Termination Of Distribution Agreement

[5] The category exemption release for Vertical Agreements No. 2002/2 was issued on July 14, 2002 and came into effect on the same day. The provision relating to the non-competitive obligation of distributors following the termination of operations is provided for in Article 5, point b), of the press release. This press release is available at www.rekabet.gov.tr/File/?path=ROOT%2f1%2fDocuments%2fTebli%25c4%259f%2fteblig35.pdf (available 09.07.2015). On the other hand, since distributors act on their own behalf and on their own behalf, it is unusual for them to return their customers to the client. Despite this, there is no restriction on the transfer of a customer clause under the termination agreement, and such an obligation may also be regulated under the non-competition clause. During the period of agency and distribution relations, it is customary for the confidential information and documents of the client to be communicated to the agent or distributor for the management of the transaction. Accordingly, the termination contract should include provisions governing the use or removal of such information, documents and materials, and the data and documents held by the recipient should either be cancelled or returned to its owner. The parties may agree to set the confidentiality period after closing, provided that this obligation of confidentiality is not limited by the existing competition rules. The Turkish Competition Authority`s guidelines on vertical agreements[1] stipulate that the use and disclosure of non-public know-how may be restricted indefinitely. Regulation 330/2010 of the European Commission[2] also contains a parallel provision to impose, over time, the use and disclosure of know-how that has not been made public. The termination of a distribution agreement must be taken into account: the Court of Appeal therefore held that competition is a valid reason for the termination of the distribution contract. The Court of Appeal also found that the three-month notice was sufficient and that the producer was not required to compensate for the damage suffered by the distributor.

The termination of the distribution contract is therefore maintained if there is a justifiable reason for termination and if a reasonable notice period has been met. Has your distribution contract been terminated? Or do you want a distribution contract to be developed, verified or terminated? Please contact nwong@flib.nl or phone call 31 (0) 20-5210130 and ask Nga Yau Wong. The parties are free to determine, as far as possible, the principles of termination, the date of termination and the content of the termination contract in accordance with the applicable legislation. The content should be determined taking into account the details of the main contract and the intent of the parties. Depending on the intention of the parties, the termination date may be set as the date of signing the termination agreement or as a date or reason determined after the date of the signing and as a retroactive date. In the absence of a termination clause in the distribution contract, the manufacturer and distributor may negotiate a review of the current agreement. While the parties still view this relationship as profitable and rewarding, the renegotiations show that they can still cooperate, although their circumstances have changed since the original agreement was signed. These efforts also show that even if they fail to reach a new agreement, the parties can cooperate to avoid costly legal action.

14. Dezember 2020 von admin
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