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 […]
Mittelstandskartell - Cooperation in the protection of antitrust law
Companies often agree to cooperate because they expect to save costs. As a specialist lawyer for commercial and corporate law and international business law, I advise many companies on the advantages of a medium-sized company cartel. Through targeted cooperation, companies can reduce their costs. However, they must observe the legal framework. In the following, I will explain to you as […]
Foundation of a GmbH – share capital, managing director, process
Establishing a limited liability company, or GmbH for short, is an important step for entrepreneurs who want to take their business to the next level. The process of establishing a GmbH differs from that of establishing another legal form, as more steps and a greater variety of legal decisions are required. When establishing a GmbH, […]
No-deal Brexit and its consequences
Interview mit dem Businesstalk am Kudamm – Interview Magazin für die Wirtschaft zum Thema No-Deal-Brexit und seine Folgen Autor: Dr. Christian Andrelang, LL.M. Rechtsanwalt Fachanwalt für Internationales Wirtschaftsrecht Fachanwalt für Handels- und Gesellschaftsrecht Ein No-Deal-Brexit und seine Folgen – Nach dem aktuellen Stand der Verhandlungen zwischen der EU und Großbritannien könnte der Abschluss eines Handelsabkommens […]