Philip Haleen, a member of the Intellectual Property & Technology Practice Group, has focused his practice on distribution and franchise law for more than 25 years in Germany. Philip has established distribution and franchise systems in Europe, with focus on compliance with the EU antitrust regulations (Article 101 TFEU) that are applicable to such systems. His work additionally requires advising on EU regulatory matters such as the Waste Electrical and Electronic Equipment Directive (WEEE Directive), the Restriction of Hazardous Substances Directive (RoHS Directive), REACH and the Directives concerning the packaging, labeling and transportation of hazardous goods.

With his extensive knowledge of cross-border legal issues, Philip has also advised clients on strategic acquisitions and joint ventures between US- and Germany-based companies.

Philip is the author of a number of articles regarding antitrust and EU regulations in publications including Global Competition Review and Franchise Law Review.

Representative Experience

• Advising US-based companies on establishing distribution and selective distribution networks throughout the EU, including the protection of their intellectual property rights.
• Advising a US-based company on franchise operations in Germany, Italy, Switzerland and South Korea.
• Advising on the termination of distributors, sales representatives and dealers throughout the EU, Asia and South America.
• Advising a US-based company during an investigation by the EU Commission of a possible antitrust infringement under Article 101 of TFEU.
• Advising US-based companies on the acquisition of their exclusive distributors in various EU jurisdictions.
• Advising a US-based education company on its successful bid to become the operator of an English-language international school for secondary education in Germany.
• Advising a US-based company on the acquisition of a Germany-based research and development company through its subsidiary in Ireland.
• Advising a Germany-based company on its divestiture of a 50-percent holding in a US-based company and the establishment of its own manufacturing facility in the United States.
• Negotiating a US-Netherlands joint venture in France.
• Advising a US-Netherlands research and development joint venture in Germany.
• Advising in the acquisitions of partnerships in Germany and limited liability companies by foreign investors.
• Advising on the establishment of operations in Germany by foreign investors.