Walter van Overbeek
Walter is country expert for distribution at the International Distribution Institute (IDI).
QUALIFICATIONS & EXPERIENCE
- Dutch Law (cum laude) (Utrecht University)
- LL.M. International Business Law (with distinction) (University of Hull)
Advised ZWIN B.V., Aletschwald B.V., Michel Kerres Management B.V. and KERAM OG B.V. on the sale of the Limburg BMW dealer group Keram (K2M Holding B.V. and its affiliates) and the real estate property owned by the group to Emil Frey (Ekris).
Early 2017, Profile launced a campaign in which it alleged that 'Profile Brand Service' (Profile Merkonderhoud) was much cheaper (up to 28%) than the service of the authorised repairers. It did not use and trademark rights of car manufacturers.
Again, Houthoff acted on behalf of 18 car manufacturers and made an end to the Profile campaign, as Profile was unable to demonstrate that it was always much cheaper than the authorised repairers.
Car importers usually appoint two types of repairers: those that also sell new vehicles on the basis of a dealer agreement and stand-alone repairers, that only repair vehicles. Obviously, the temptation for the latter to also sell new vehicles is big. In a recent case, where a Hyundai repairer sold new vehicles without a dealer agreement, the importer terminated the repairer agreement for cause. The repairer subsequently challenged the validity of the termination, arguing that he acted as an intermediary. Houthoff successfully defended the position of the Hyundai importer; the termination was upheld.
The growing importance of e-commerce creates conflicting interests between manufacturers or wholesalers and retailers, particularly if these retailers perceive the activities of their suppliers as unfair competition for their stores. Houthoff has supported the franchisees of one of the Ahold banners in working out a solution that seeks to find a solution for this by introducing rules, a compensation scheme and clear rights and obligations for both parties.