Acquisition of dealerships and commercial agencies - What you should pay attention to
The takeover of dealer companies and commercial agencies can bring valuable synergy effects. Read what to look out for.
Overview from the lawyer: commercial agency law
This wiki entry takes a closer look at commercial agency law and explains what companies should consider from the point of view of a lawyer.
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.
Non-competition clause under corporate law and the Protection of Secrets Act
If a shareholder violates the non-competition clause or the trade secret law, he can be excluded from the company. Read more here.
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 […]