Plus: Anti-circumvention clauses address various distributor risks
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January 20, 2026
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E&R Industrial pursues growth, modernization post-Grainger
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Anti-circumvention clauses address various distributor risks
Anti-circumvention clauses in distribution agreements are designed to prevent manufacturers from bypassing distributors and dealing directly with customers, writes Fred Mendelsohn of Burke, Warren, MacKay & Serritella. These non-circumvention or direct dealing clauses can be territory-based, customer-based or non-solicitation, and they should be clearly defined, limited in duration and include strong enforcement mechanisms.
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About NAW
 
The National Association of Wholesaler-Distributors (NAW) is one of America’s leading trade associations, representing the $8 trillion wholesale distribution industry. Our industry employs more than 6 million workers throughout the United States, accounting for approximately 1/3 of the U.S. GDP. 250,000 wholesale distribution companies operate across North America, including all 50 states. Learn more.
 
 
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