Vertical BER 720/2022 – price target, recommended price and price comparison
Information on price target, price recommendation and price comparison in the context of the vertical BER 720/202 (block exemption regulation).
Liability of GmbH shareholders – direct liability and destruction of existence
In principle, the liability of the shareholders of a GmbH for the company's liabilities is excluded under the GmbH Act and rulings of the Federal Court of Justice (BGH). Against this backdrop, it often makes sense to restructure a group of companies to prevent creditors from accessing the parent company's retained profits. However, there are cases in which, according to the case law of the […]
Foundation of a GmbH with a foreign managing director – how I support you as a lawyer
A newly founded GmbH needs a managing director. The managing director, also known as CEO, represents the GmbH. This means that he acts on behalf of the GmbH. He concludes contracts for the GmbH and manages the business. He bears entrepreneurial responsibility and decides which business the GmbH conducts. A foreigner may also […]
Competitive hindrance by poaching customers
Companies invest heavily in expanding and maintaining their customer base. This increases their market share and therefore their market position compared to competitors. They therefore have a legitimate interest in not losing their customer base through unfair competition or anti-competitive obstruction. In particular, the poaching of customers by other market participants, especially competitors, has a serious impact on companies. The poaching […]
Force majeure and scarcity of raw materials: delivery entitlement and liability
Buyers and sellers have particularly important tasks in contract management: They must assess the general risk for purchasing and negotiate a legally and commercially secure contract. Important commercials such as prices and delivery times must be binding. At the same time, however, the contract must also be able to react to unforeseeable events. This includes, for example, the shortage of raw materials due to [...]
Delivery contract termination – right to compensation
If a supplier ends a long-term supply contract by giving notice, the shock is often deep. What worked well for the company no longer seems to be enough for the supplier. In particular, the company then asks itself what about the right to compensation if the delivery contract is terminated. Suppliers then often argue that […]
Foundation of a GmbH – advantages, risks, requirements
Eine GmbH bietet viele Vorteile. Sie ist schnell gegründet, flexibel einsetzbar und bietet jedem Gesellschafter Schutz vor der Haftung mit dem eigenen Vermögen. Die GmbH ist daher die häufigste Unternehmensform in Deutschland. Wenn Sie ein Unternehmen gründen möchten oder ein bestehendes Unternehmen in einen GmbH umwandeln wollen, sollten Sie die Vorteile, Risiken und Voraussetzungen kennen. […]
NIKE's sales ban – EUR 12.5 million fine for restricting cross-border sales
Yet another sales ban fine – The EU Commission today has imposed a fine of €12.5 million on Nike for restricting cross-border sales by banning its retailers from selling licensed football merchandise to other countries within the EEA. Please see the respective press release of the EU Commission here. Author: Dr. Christian Andrelang, LL.M. Attorney at Law […]
Supply Contract Termination – Claim for Damages
If a supplier terminates a long-term supply contract, the shock is often deep. What worked well for the company no longer seems to be sufficient for the supplier. If the contract is terminated, the retailer wonders what the claim to continued delivery or compensation for breach of contract or under the German Civil Code or the German Act Against Restraints of Competition (GWB) will be.
Mittelstandskartell - Solution in demerger procedures
Antitrust disentanglement procedures are expensive and time-consuming. A medium-sized company cartel is one of several possible solutions. If your company is permanently linked to a competitor, for example in a joint venture, the cooperation must be regularly checked to see whether it is permissible under antitrust law. If this is not the case, this is unfortunate. There is a risk of antitrust investigations that could lead to a […]