Distributor meaning

This checklist helps practitioners grasp and consistently apply the FCA’s Consumer Duty requirements for evidencing fair value effectively. It should be considered alongside other relevant practical Consumer Duty materials and references: for information on the main elements of the Consumer Duty with general application, see Practice Note: The FCA Consumer Duty—essentials; also for a suite of sectoral guidance and checklists see: Consumer protection and FCA Consumer Duty—overview for key developments relating to the FCA’s Consumer Duty, see: The FCA Consumer Duty—timeline Background Under the Consumer Duty, four outcomes cover the central and key aspects of the firm–customer relationship. The second outcome is the Price and Value Outcome, which is concerned with an overarching obligation that products must deliver ‘fair value’ to customers. Under PRIN 2A.4: value is the relationship between the amount paid by a retail customer for the product and the benefits they can reasonably expect to receive from the product; and a product provides fair value...

This checklist clearly outlines the key matters a manufacturer or wholesaler should weigh up when selecting a suitable distributor. It covers preliminary and legal points to review carefully before any appointment, and the essential commercial terms manufacturers or wholesalers may wish to address when drafting and negotiating a distribution agreement. For further guidance, see also Practice Note: How to appoint a distributor. Preliminary Issue Consideration Is distribution the right route to market?...

Overview In order to satisfy obligations under the Financial Conduct Authority (FCA)’s Consumer Duty, producers and distributors need access to details on the central features of a product or service, from its attributes and intended customer segment to the evidence underpinning consumer outcomes. Requirements to share information are fundamental to adhering to the Duty, enabling firms to act swiftly to tackle issues, avert consumer harm and secure good outcomes. This Checklist explains the duties on manufacturers and distributors to exchange information across the distribution chain and to issue notifications to counterparties and to the FCA under the Consumer Duty, in particular under PRIN 2A and FG22/5 Final non-Handbook Guidance for firms on the Consumer Duty. It covers the obligations to pass on information or alert other firms in the chain when harm or potential harm is detected, and to notify the FCA about firms within the chain. It also considers data protection duties and competition law matters. For guidance on the scope and elements of the Consumer Duty see...

In this issue: UK mergers UK antitrust UK Competition policy EU antitrust EU State aid EU Digital Markets Act Daily and weekly news alerts New and updated content Caselex UK mergers CMA unconditionally clears Boparan/ForFarmers (Burston and Radstock mills) merger after phase 2 The CMA has published the final report from its phase 2 review of the proposed purchase by Boparan Private Office Limited, via 2 Agriculture Limited (2Agriculture), of ForFarmers UK Limited’s Burston and Radstock feed mills. ForFarmers is a European producer and distributor of animal feed, with its base in the Netherlands. 2Agriculture, part of the Boparan group, is among the UK’s largest poultry feed suppliers by production volume, directing output to Hook 2 Sisters, a Boparan-affiliated business, and to farmers on the open market. Confirming its provisional findings of 18 February 2025, the CMA concluded the deal is not expected to result in an SLC in local meat poultry feed supply,...

In this issue: UK digital markets UK competition policy UK private actions EU antitrust Daily and weekly news alerts Caselex UK digital markets CMA opens first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising The CMA has begun an ‘initial SMS investigation’ under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). This is the authority’s first SMS designation probe under the new DMCCA digital markets framework. The CMA’s power to designate undertakings with SMS, and potentially impose conduct requirements, took effect on 1 January 2025. The Investigation Notice states that Alphabet Inc, Google LLC, Google Ireland Limited and Google UK Limited (Google) provide general worldwide web search and information return (general search), and advertising to users of general search (search advertising). The CMA considers these meet the definition of a digital activity and can be treated as one activity. The Notice excludes specialised search service interfaces, such...

In this issue: Trade marks/passing off Copyright & associated rights Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Trade marks/passing off Court of Appeal confirms ‘SHORTSTV’ trade mark is invalid (Shorts International Ltd v Google LLC) The Court of Appeal, in Shorts International Ltd v Google LLC [2026] EWCA Civ 668, upheld the earlier ruling and dismissed Shorts International Ltd’s (SIL’s) appeal, confirming that Google’s use of ‘Shorts’ did not infringe SIL’s registered trade marks and that one of its registrations was invalid. SIL, a producer and distributor of short films aired on its ‘ShortsTV’ channel, contended that Google’s deployment of ‘Shorts’ for its YouTube Shorts service infringed its five registered trade marks under section 10(2) and 10(3) of the Trade Marks Act 1994 (TMA 1994) and amounted to passing off. The judge determined that four of SIL’s marks remained valid owing to modest figurative elements that imparted...

This Practice Note sets out the applicable product governance obligations under the Markets in Financial Instruments Directive (Directive 2014/65/EU) (MiFID II) that firms must observe and comply with when designing, approving, marketing and overseeing the ongoing management of products throughout their entire lifecycle. It also summarises the relevant delegated acts adopted by the European Commission—particularly Articles 9 and 10 of Directive (EU) 2017/593 (the MiFID II Delegated Directive)—as well as the guidelines issued by the European Securities and Markets Authority (ESMA). Background to MiFID II and product governance The recast Markets in Financial Instruments Directive (Directive 2014/65/EU) (MiFID II), together with the Markets in Financial Instruments Regulation (Regulation (EU) 600/2014) (MiFIR) (collectively, the MiFID II framework), entered into force on 2 July 2014. The bulk of the framework’s provisions largely applied from 3 January 2018. MiFID II establishes a suite of product governance requirements so that firms manufacture and distribute products in a manner that ensures they act in clients’ best interests across every stage of the lifecycle...

Directive (EU) 2019/882, also known as the European Accessibility Act (the EAA) Adopted across the EU in April 2019, this is a significant piece of legislation shaped by a marketplace increasingly seeking accessible products and services, and by a rising number of citizens with disabilities—a consequence of longer life spans. The EAA is grounded in the UN Convention on the Rights of Persons with Disabilities (UNCRPD), the first international, legally binding instrument to set minimum standards for the rights of disabled people. It sits within the Strategy for the Rights of Persons with Disabilities 2021–2030, which seeks to enhance the lives of persons with disabilities in Europe and worldwide, building on the European Disability Strategy 2010–2020. The EAA was initially proposed to complement Directive (EU) 2016/2102, the EU Web Accessibility (adopted in 2016 to make public-sector websites and mobile applications more accessible), and to harmonise EU standards to reduce barriers for developers of accessibility-related products and services. For more information, see Practice Note: Website accessibility in the EU. However,...

CASE HUB NOTE—appeal lodged before the CAT in 1380/1/12/21 ARCHIVED–this archived case hub reflects the position at the date of the decision of 4 November 2020; it is no longer maintained. See further: timeline, commentary, and related cases. Case facts Outline CMA inquiry under Article 101 TFEU/Chapter I concerning ComparetheMarket, regarding purported deployment of retail-wide most favoured nation (MFN) terms within agreements with home insurance suppliers. Latest developments On 19 November 2020, the CMA issued an infringement decision, concluding that from December 2015 to December 2017 BGL (Holdings) Limited, BGL Group Limited, BISL Limited (BISL), and Compare The Market Limited (collectively, BGL) contravened the Chapter I prohibition and Article 101 TFEU by requiring broad MFN clauses from home insurance providers trading via its platform. The CMA levied a financial penalty of £17,910,062. Those MFN terms were imposed widely. Parties BGL (Holdings) Limited, BGL Group Limited, BISL Limited (BISL), and Compare The Market Limited (together BGL). BGL is a digital distributor of insurance and...

[ Manufacturer ] [ Address ] Dear [ Manufacturer ], Distribution Agreement dated [ insert date ] (the Agreement) [ This correspondence reflects our recent discussions. ] Pursuant to clause [ specify number of clause containing termination provision ], kindly regard this letter as [ [ eg 90 ] days’ OR immediate ] notice to terminate the Agreement. [ Accordingly, the Agreement will terminate on [ date ]. ]...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Manufacturer ); [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Distributor ); Each of the Manufacturer and the Distributor is a party and together they constitute the parties. Background (A) The Manufacturer produces [ and supplies ] the Products. (B) The Distributor has agreed to distribute the Products within the Territory on [ an exclusive OR a shared exclusive OR a sole ] basis, in line with the provisions of this Agreement...

Parties This Agreement is executed on [ date ] [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Manufacturer ); and [ insert name of party ] [ of OR a company incorporated in [ country ] under number [ insert registered number ] with its registered office at ] [ insert address ] ( Distributor ); Each of the Manufacturer and the Distributor is a party, and together they constitute the parties. Background (A) The Manufacturer produces [ and supplies ] the Products. (B) The Distributor has agreed to distribute [ and support ] the Products on [ an exclusive OR a shared exclusive ] basis in the Territory, in accordance with the provisions of this Agreement...