Contracts in the automotive supply industry - tips for suppliers
Supplier companies are often presented with very one-sided production contracts or supply contracts. Find out what to look out for.
Antitrust and competition law affect all business areas of a company. As a lawyer and specialist lawyer for international commercial law with my office in Munich, I advise manufacturers, suppliers, importers, dealers and sales agencies on a wide variety of antitrust issues.
With my many years of expertise, I can offer you clarity and certainty about your antitrust design options and legal limits. For example, in sales, purchasing groups with competitors, price recommendations, exclusivity agreements, contractual delivery obligations, small business cartels or claims for damages, action against contract terminations and violations of antitrust and competition law.
Distribution and Trade | E-commerce and online trading | Pricing Specifications | Selective distribution
Termination and right to delivery | Exclusivity | Cooperations and SME cartels | Research and Development
Compensation for price cartels | Compliance | injunctive relief
An antitrust violation can occur for any company at various points in the supply chain. From the multitude of antitrust aspects, I have focused on the following topics when advising and representing my clients:
Antitrust law is a special matter. Solid legal knowledge and many years of experience are required to offer you the following solutions. The interfaces to distribution and company law and commercial legal protection are also covered here.
Feel free to contact me with your antitrust concerns. It is important to me to understand your question and your goal precisely in order to check the appropriate procedure for you in the first step.
There are often several paths to a goal. Where this is the case for you, we use my legal assessment to select the combination of options that suits you in order to resolve your issue.
The chosen solution is implemented in a legally compliant manner and continued until the result matches your goal. So that your company can operate safely on the market.
Of course, you can fully rely on me and my law firm andrelang law in Munich for support. Ask me without obligation.
Especially at the interfaces between sales, Ecommerce, as well as antitrust and competition law, I am at your side with my expertise. Antitrust and competition law are largely standardized when it comes to sales in the European Union. Therefore, I offer my advice on sales antitrust law issues in Germany and within the European Union. European standards and decisions of the European Court and the European Commission are particularly important for your sales.
With advice on sales antitrust law, commercial law and commercial law, I support you in structuring your sales.
I will show you how to make your online trade safe from antitrust law for website use, quality specifications, dual pricing and dual sales.
As a specialist lawyer for commercial and corporate law as well as a specialist lawyer for international business law, I will explain antitrust law to you for the secure structuring of your sales. European sales antitrust law plays a special role in stationary trade as well as in internet sales. Important examples are the Selective Sales and the exclusive distribution, the pricing with discount, bonus and reimbursement systems, the use of commercial agents, the Protection against gray market imports as well as the role of sales platforms or price comparison portals.
Hardly any client can avoid the topics of e-commerce and selective sales, with selection criteria for the selection of authorized dealers. With my law firm, I will help you to apply antitrust law with legal certainty in order to provide optimal support for your sales law issues.
Pricing and indirect pricing must comply with antitrust and competition laws. Platform bans, price comparison portals or the use of a price algorithm to set prices are important focal points of a modern e-commerce concept. These must be well secured in competition. Antitrust and competition law and commercial legal protection, trademark law and regulations on fair competition also overlap in sales and e-commerce with sweepstakes.
Exclusive delivery ensures you or your contractual partner special access to products, components or services. If you exclude your competitors from sources of supply or supply, you must do so in accordance with antitrust laws. Likewise, you can defend yourself against an unjustified termination of your supply contract and the refusal to supply. As a specialized lawyer, I will examine your legal position, support you with draft contracts and show you alternatives to possible antitrust violations.
The question of a claim for delivery often arises – despite termination. If your company is dependent on a manufacturer or supplier for business reasons, you may be entitled to a delivery claim. This is especially true if you have to offer a certain range of products in order to survive in the market. Brand manufacturers who have a particularly prominent market position may be obliged to supply you. In such cases, I clarify to what extent there is a dependency on the product range, check the claims of my clients and assume representation in negotiations.
Supplier companies are often presented with very one-sided production contracts or supply contracts. Find out what to look out for.
As a specialist lawyer for international commercial law in Munich, I advise my clients on cooperation with competitors in Germany and across borders in the European Union. Cooperations are created through simple contracts, as medium-sized cartels or joint ventures such as joint ventures. These collaborations serve different purposes. This often involves purchasing cooperations, sales partnerships or joint research, development and marketing.
If cooperation leads to efficiency gains and the customer also benefits, there are a number of legal options. I'll make the best use of this for you. If you are planning more critical agreements for your company, such as exclusive supply agreements, area exclusivity, customer assignments or the exchange of information, I will develop ideal solutions for your company. Competition and antitrust law are always in flux.
The European regulations on cooperation between competitors are constantly evolving. If your company needs advice on a cooperation with a current or potential competitor, you are welcome to contact me at any time.
Die Gesellschafterliste ist ein zentrales Element für die Transparenz und Rechtssicherheit in einer GmbH. Hier finden Sie Tipps zu ihren Grundlagen.
Your entrepreneurial success can come up against the limits of antitrust law. If you have a market share of more than 40 % with your company alone or with competitors, antitrust law sets limits in dealing with customers and suppliers. Antitrust laws do not prohibit your market power or dominance. However, it prohibits their misuse. Many companies seek my advice and support as a lawyer in connection with market dominance. In particular, freedom of contract may be restricted.
Examples of this are delivery obligations due to a dominant position or specific product range-related dependency and market dominance. Discount systems, the licensing of patents and the design of delivery conditions are usually left to the respective company. In the case of a dominant position, however, antitrust law sets limits in order to avoid antitrust discrimination or hindrance. Loyalty discounts, the exclusion of licensees and customers or deviating delivery conditions may become inadmissible.
If, for example, delivery is refused, it must always be ruled out that this constitutes an abuse of a dominant position. With my office for international commercial law and as a specialist lawyer for commercial law and corporate law, I will represent you in negotiations with your contractual partner. Furthermore, I develop the best defense strategies for your company.
As your specialist lawyer, I will clarify the legal options for you if you make a business decision, do not want to supply a certain company with products or do not want to provide software solutions and services.
Die Fusionskontrolle stellt im Kartellrecht ein zentrales und oft komplexes Rechtsgebiet dar. Unternehmen, die eine Fusion oder Übernahme planen, sehen sich mit zahlreichen rechtlichen Hürden konfrontiert, wobei ein unzureichendes Vorgehen im Verfahren gravierende Folgen nach sich ziehen kann. Ich biete Unternehmen mit meiner Kanzlei mit Sitz in München umfassende Beratung und Begleitung in etwaigen Fusionskontrollverfahren an.
Am Anfang steht dabei immer die Frage, ob der Bereich der Fusionskontrolle überhaupt eröffnet ist. Hierbei lege ich einen Schwerpunkt auf die Prüfung, dass alle kartellrechtlichen Aspekte korrekt berücksichtigt werden. Mit meiner Unterstützung können Unternehmen den oft schwierigen Prozess der Fusionskontrolle vertrauensvoll angehen.
Antitrust lawsuits for damages are also important instruments in antitrust law. By means of these lawsuits, affected companies can effectively defend themselves against antitrust violations, in particular against price cartels. If price cartels are uncovered, the responsible antitrust authority, such as the European Commission or the Federal Cartel Office, begins fine proceedings.
If an antitrust violation is determined, I will support you in examining and asserting claims for damages. Since antitrust lawsuits for damages do not only apply to antitrust and competition law, my expertise as a litigation lawyer and my experience before courts are very important here.
Author: Dr. Christian Andrelang, LL.M. Lawyer Specialist in international business law Specialist in commercial and corporate law Compensation under antitrust law – the Federal Court of Justice has already dealt with it several times
Author: Dr. Christian Andrelang, LL.M. Lawyer Specialist in International Business Law Specialist in Commercial and Corporate Law In a fine proceedings against Sanrio, trademark owner of "Hello Kitty",
Blog 24/07/2019 Author: Dr. Christian Andrelang, LL.M. Lawyer Specialist in International Business Law Specialist in Commercial and Corporate Law Antitrust damages: The ECJ had
Als Anwalt berate ich viele Mandanten bei Kooperation mit aktuellen oder potenziellen Wettbewerbern. Kleine und mittlere Unternehmen (KMU) haben häufig besonderes Know-how, das großen Industrieunternehmen fehlt. Große Player suchen daher nach industriellen Partnerschaften bei Projekten aus der Forschung und Entwicklung, sowie bei Projekten aus Einkaufsgemeinschaften. Gerade im Raum München und anderen Metropolregionen sind viele spezialisierte Ingenieurgesellschaften ansässig, auf deren Know-how internationale Konzerne gerne zurückgreifen. Daher ist die kartellrechtliche Beratung von mittelständischen Ingenieurgesellschaften im Bereich der Forschung und Entwicklung und Vermarktung von Produktentwicklungen ein besonderer Beratungsschwerpunkt im Thema Kartellrecht und Wettbewerbsrecht an der Schnittstelle zum Gewerblichen Rechtsschutz.
Negotiations with large companies, which often involve their purchasing and legal departments and external lawyers, can make you suspicious. As a lawyer, I know both sides and therefore the interests of industrial companies and engineering companies. I support you in the entire process of cooperation, starting with the contract negotiations in German or English, through the execution of the contract, to the end of the project. The duration of exclusivity, marketing, customer allocation and the use of patents plays a special role here. With my experience, you avoid misunderstandings and benefit from strengthening your negotiating position.
As a lawyer in Munich, I not only inform my clients about antitrust limits in purchasing, sales or research and development. I will also represent you in court proceedings and handle communication with the Federal Cartel Office and other authorities. As the owner, managing director and CEO, you are legally obliged to take preventive measures in your company to prevent legal violations. As a specialist lawyer for international commercial law, I advise you accordingly at the interface of European and German antitrust law, as well as compliance.
Compliance guidelines are of particular importance in medium-sized companies. Compliance guidelines are guidelines for the appropriate behavior of management, your business partners and your employees, which you must regulate. Aspects of other areas of law, such as commercial legal protection, also play an important role. Compliance and antitrust law are of great importance in the digitization of internal processes and the digital exchange of data with partners, customers and suppliers. Agreements and contracts for exclusive supplies, sole distribution and non-competition clauses should always be checked and drafted in accordance with antitrust law. As your lawyer, I see myself as your sparring partner.
I support you with binding guidelines, employee training and control systems. In this way you can avoid possible unintentional violations of antitrust law and set up your sales, your cooperation and the procurement of products and services in a legally secure manner.
The consequences of violating antitrust laws can be unpleasant. If a contract between you and your contractual partner contains clauses that violate antitrust law, the contract can usually not be maintained. In the worst case, the contract could become null and void and you can no longer invoke the contract. Regulations in a contract that are relevant under antitrust law also include, for example, area allocations, customer allocations, delivery restrictions and sales specifications.
I advise you in detail on the drafting of contracts with partners and customers, as well as on how to proceed if violations of antitrust law can be proven. If you are faced with fines, I will take over the communication with the antitrust authorities such as the Federal Cartel Office and your representation before them. As a specialist lawyer for international business law and specialist lawyer for commercial and corporate law in Munich, I will also be happy to advise you on changes in the law.
If you would like to make use of my services as a lawyer and specialist lawyer for corporate and commercial law, please do not hesitate to contact me at any time.
You can reach my law firm andrelang law by telephone on the number 089/2020 1272, per email to candrelang@andrelang-law.com or about that online contact form. I look forward to welcoming you to my office soon.
Die Gründung von Einkaufsgemeinschaften ist eine verbreitete Praxis in vielen Branchen. Hier finden Sie kartellrechtliche Informationen dazu.
Business law, especially antitrust and distribution law, plays a crucial role for companies.
The GmbH, for which a managing director worked, can be held liable for damage under certain conditions, for example in the case of bribery.