Expertise in the retail sector, and more specifically in the automotive industry
Patrick Kileste and Michel Caluwaerts have particular expertise in the field of automotive distribution, in which they have been active for over 30 years. They are among the very few lawyers who frequently represent dealers and agents who are members of a distribution network, and they have never accepted to work for an importer.
Concordes also frequently intervenes to assist an entrepreneur in creating a franchise network in sectors such as hairdressing, real estate agencies, financial services, cleaning services, and any other field where franchise activity is particularly developing.
We then help with the structuring of the network and the establishment of franchise agreements or similar contracts, such as affiliation agreements, brand licensing, partnerships, etc., which ensure both legal security and network coherence, while being characterized by a deliberately fair approach to the relationship. This approach is based on the principle that a balanced relationship, founded on clear and precise contracts, contributes to the sustainability of the networks.
We also intervene for franchise candidates who wish to ensure that the franchise agreement being offered to them is fair. We then verify with them the aspects related to pre-contractual information. We also assist franchisees, affiliates, or partners when they unfortunately encounter difficulties with the network to which they belong, particularly in the retail sector.
Patrick Kileste's expertise also frequently leads to him being appointed as an arbitrator or mediator in disputes concerning these matters and sectors of activity or to intervene as an expert in arbitration proceedings.
Structuring and developing distribution networks
Distribution, and even more so automotive concessions, relies on complex contractual balances, characterized by:
- highly regulated concession or selective distribution contracts;
- specific obligations arising from European and Belgian law;
- frequent economic dependence between the parties;
- significant stakes in terms of exclusivity, territory, and commercial objectives;
- a rapid evolution of distribution models (electrification, digitalization, agencies).
In this context, a strategic legal approach is essential to secure business relationships and anticipate risks.
Franchise and distribution agreements
Concordes Avocats supports its clients particularly in the area of:
- drafting and negotiating franchise, concession, and distribution contracts;
- pre-contractual information obligations (IPF) and compliance with Belgian law;
- renewal, transfer, and termination of contracts;
- management of disputes between business partners.
The objective is to legally secure the network while maintaining its economic and operational coherence.
Comprehensive support for distribution networks
Concordes Avocats supports its clients at all stages of the life of distribution and concession networks, particularly in terms of :
- structuring and auditing of automotive distribution and concession networks;
- drafting, negotiating, and reviewing concession, distribution, and agency contracts;
- support during network reorganizations, model or brand changes;
- management of renewals, transfers, and terminations of contracts;
- prevention and management of disputes between licensors, concessionaires, and distributors.
This industry knowledge allows for the adaptation of legal solutions to the realities on the ground, particularly in terms of operations, regulatory standards, manufacturer–dealer relationships, and operational constraints.