Federal Antitrust Laws: Include Sherman Antitrust Act, Clayton Act, Federal Trade Commission Act, and Robinson-Patman Act. These laws prevent monopolistic practices and price discrimination in wholesale relationships.
State Antitrust Laws: State-specific competition laws and unfair trade practices acts that may impose additional restrictions on exclusive wholesale arrangements.
Contract Law: Uniform Commercial Code (UCC) Article 2 on Sales, state-specific contract laws, and Statute of Frauds requirements governing the formation and enforcement of commercial contracts.
Distribution Laws: State dealer/distributor protection laws and franchise laws that may affect the rights and obligations of parties in wholesale relationships.
Intellectual Property Laws: Trademark laws (Lanham Act), patent laws, copyright laws, and trade secret protection provisions that may be relevant to the products or services being distributed.
Consumer Protection Laws: Federal and state consumer protection statutes and fair trade regulations that may impact the downstream distribution of products.
International Trade Laws: Import/export regulations, foreign trade restrictions, and International commercial terms (Incoterms) if the agreement involves international commerce.
Industry-Specific Regulations: FDA regulations, Consumer Product Safety Commission regulations, and other industry-specific requirements that may apply to particular products or services.
Performance Requirements: Legal considerations regarding minimum purchase requirements, sales targets, and quality control measures that must comply with applicable laws.
Liability and Warranty Provisions: Legal framework for product liability, warranties, and indemnification that must be consistent with state and federal laws.
