Distribution law covers all forms of distribution of goods and services. For example, in a distribution agreement, the provision of a distribution activity by one party is agreed in exchange for a fee. This distribution activity differs according to the powers of the distribution party and can include proof of contract conclusion, the brokerage of contracts and also the actual conclusion of further contracts.
The distribution activity must also be differentiated according to whether it is a one-time or continuous activity. This distinction means that different legal provisions may be applicable. The one-time proof and one-time brokerage of contracts can lead to the provisions governing brokerage agreements pursuant to Art. 412 et seq. of the Swiss Code of Obligations (OR) being applicable. If the distribution activity takes place continuously in the form of brokerage or the conclusion of contracts, the provisions governing agency agreements pursuant to Art. 418a et seq. of the Swiss Code of Obligations (OR) must be observed. Distribution agreements and distribution systems may also be relevant under antitrust law if they contain, for example, territorial agreements and other distribution restrictions.