Insights

Exorbitant Fees Leads to Demise of Distributor

This article is about a lawsuit alleging fraud by the supplier, who controlled the distributor, in the form of exorbitant distribution fees. "The effect of Weinstein’s (the supplier) scheme was to utilize the Distribution Agreement to transfer to Weinstein, as a result of Weinstein’s ownership of the Debtor, the Debtor’s cash by charging the Debtor above-market rates in the Distribution Agreement instead of the net revenues that could be obtained if the Distribution Agreement reflected market terms and industry norms."

Agreements which are overly-biased in favour of one of the parties are more likely to be terminated early, or result in financial difficulties for the 'junior' party.

Read the article here.

Takeaway:

  • One sided distribution agreements are less likely to succeed.
  • Costs and Expenses
  • Distribution Agreement
  • Commercial Activities

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk.

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