Sherman Antitrust Act: Federal antitrust law that prohibits anticompetitive business practices and monopolies. Must ensure exclusivity provisions don't create illegal market restrictions.
Clayton Act: Supplements the Sherman Act by prohibiting specific anticompetitive practices. Relevant for pricing and territorial restrictions in reseller agreements.
Federal Trade Commission Act: Prohibits unfair methods of competition and deceptive practices. Important for ensuring fair competition and marketing practices.
Uniform Commercial Code (UCC): Governs commercial transactions, particularly Article 2 for sales of goods. Provides framework for sales terms, warranties, and remedies.
Lanham Act: Federal trademark law protecting brand names and logos. Critical for defining trademark usage rights in reseller agreements.
Copyright Act: Protects original works including marketing materials and product documentation. Defines scope of copyright licenses in agreement.
Patent Act: Protects inventions and provides framework for patent licensing terms in reseller agreements.
State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation. Varies by jurisdiction.
Statute of Frauds: Requires certain contracts to be in writing. Relevant for long-term exclusive distribution agreements.
State Dealer Protection Laws: State-specific laws protecting dealers and distributors, particularly regarding termination rights.
Federal Arbitration Act: Governs enforcement of arbitration agreements in contracts. Important for dispute resolution provisions.
Export Administration Regulations: Federal regulations controlling export of commercial items. Relevant if distribution involves international trade.
Foreign Corrupt Practices Act: Prohibits bribery of foreign officials. Important for compliance provisions in international distribution.
State Privacy Laws: State-specific requirements for handling customer and business data. Affects data sharing provisions.
Franchise Laws: Federal and state laws governing franchise relationships. May apply if reseller agreement includes franchise elements.
