Sherman Antitrust Act: Federal law that prohibits anticompetitive business practices, monopolization, and restraints of trade. Must be considered to ensure distribution agreement terms don't violate antitrust provisions.
Clayton Act: Supplements the Sherman Act by addressing specific anticompetitive practices not explicitly covered in the Sherman Act, including exclusive dealing arrangements and price discrimination.
Federal Trade Commission Act: Prohibits unfair methods of competition and deceptive practices. Relevant for pricing, marketing, and distribution practices outlined in the agreement.
Robinson-Patman Act: Addresses price discrimination between different purchasers of the same product. Critical for establishing pricing terms in distribution agreements.
Uniform Commercial Code (UCC): Particularly Article 2 governing sales of goods, provides framework for commercial transactions including warranties, title transfer, and remedies.
Magnuson-Moss Warranty Act: Federal law governing consumer product warranties. Must be considered if distribution involves consumer goods with warranties.
Intellectual Property Laws: Federal trademark, copyright, and patent laws that protect IP rights in distribution relationships, including license grants and restrictions.
State Contract Laws: State-specific contract formation, enforcement, and interpretation rules that may affect the agreement's terms and execution.
State Franchise Laws: State laws defining franchise relationships to ensure distribution agreement doesn't inadvertently create a franchise relationship.
State Unfair Trade Practices: State-specific laws prohibiting unfair competition and deceptive trade practices that may affect distribution terms.
Export/Import Regulations: Federal regulations governing international trade if distribution involves cross-border transactions.
Vertical Restraints Regulations: Competition laws governing restrictions between parties at different levels of the distribution chain.
CISG: UN Convention on Contracts for the International Sale of Goods, applicable to international distribution unless explicitly excluded.
FCPA: Foreign Corrupt Practices Act, crucial for compliance in international distribution relationships to prevent corrupt practices.
Territory Definitions: Legal requirements for defining geographic scope and exclusivity of distribution rights.
Performance Requirements: Legal framework for establishing and enforcing minimum purchase requirements, sales targets, and performance metrics.
