| Abstract [eng] |
The master thesis “Comparison of Goods Distribution on Basis of Agency, Distribution and Franchise Agreements: Advantages and Disadvantages” presents analysis and comparison of three agreements’ legal regulation peculiarities, advantages and disadvantages that may determine manufacturer’s (supplier’s) decision on choosing respective goods distribution agreement. In the first three parts of this final work there are explicated features of agency, distribution and franchise agreements’ in order to reveal advantages and disadvantages of scrutinized agreements thoroughly. These features allow to identify each agreement’s fundamental differences. There are also analyzed different risk allocation between parties, types of agreements and consequences of their allocation, discussed restrictions that are permissible in agreements, presented assessment of each agreement in EU competition law, referring to European Commission and practice of European Court of Justice, in this work. In order to evaluate those peculiarities of parties’ rights, duties, responsibilities and agreements’ termination juridical regulation that allow to indicate positive and negative aspects of goods distribution according agency, distribution and franchise agreements, in the final work there is approached agreements’ legal regulation in Lithuania. After analysis of advantages and disadvantages of goods distribution according each agreement is being made there is given comparison of good distribution according studied agreements in the forth part of this work. The main consideration is allocated on comparison of agreements according manufacturer’s targets and characters of distributed goods, parties’ role, allocation of commercial and financial risks between parties, control level for distributor, application of competition law restrictions, distributor’s motivation to sell as more as possible goods and not to violate manufacturer’s interest level, peculiarities of responsibility, the form and termination conditions of analyzed agreements. Mentioned agreements are also compared according payment and investments questions. These aspects of goods distribution according agency, distribution and franchise agreements are mainly essential for the manufacturer during decision making process when he considers what practices of goods distribution to execute. |
