No-deal Brexit and its consequences
Interview with Businesstalk am Kudamm – Interview with the business magazine on the topic of a no-deal Brexit and its consequences. Author: Dr. Christian Andrelang, LL.M. Attorney at Law, Specialist in International Business Law, Specialist in Commercial and Corporate Law. A no-deal Brexit and its consequences – Given the current status of negotiations between the EU and Great Britain, the conclusion of a trade agreement could […]
Antitrust damages – rail cartel II
Author: Dr. Christian Andrelang, LL.M. Attorney at Law, Specialist in International Business Law, Specialist in Commercial and Corporate Law. Damages under antitrust law – The Federal Court of Justice has already dealt with questions of damages under antitrust law on several occasions, particularly in the ORWI (Federal Court of Justice, judgment of June 28, 2011 – Ref. No. KZR 75/10), Lottoblock II (Federal Court of Justice, judgment of July 12, 2016, Ref. No. KZR 25/14), Grauzementkartell […]
Liability risks for managers in the Covid19 crisis
From the moment a company becomes over-indebted or insolvent, the managing director may no longer make payments for the company because this would reduce the insolvency estate. If he violates this, he is personally liable with his private assets. Every insolvency administrator is obliged to assert such claims for damages. Due to the Covid19 crisis, the legislature has reacted and reduced the liability risk. [...]
Corona bankruptcy risk of criminal liability
Author: Dr. Christian Andrelang, LL.M. Attorney-at-law Specialist in international business law Specialist in commercial and corporate law Corona insolvency risk criminal liability - The stranglehold of the Corona crisis continues. Many companies are already making it clear that they can only hold out for a few more weeks before they become insolvent. The legislator has made the obligation to file for insolvency between [...]
Covid19 - Force Majeure or Delay in the Supply Chain?
Author:Dr. Christian Andrelang, LL.M.Attorney Specialist in international commercial law Specialist in commercial and corporate law The Covid19 pandemic is causing significant disruptions in the supply chain. Border closures and temporary plant closures, particularly in China and now throughout Europe, have already led to bottlenecks in the supply of goods and individual parts for many companies. Is this an event […]
Trademark license antitrust violation – European Commission fines “Hello Kitty”
Author: Dr. Christian Andrelang, LL.M. Attorney at Law Specialist in International Business Law Specialist in Commercial and Corporate Law In a fine procedure against Sanrio, the trademark owner of "Hello Kitty", the European Commission imposed a fine of EUR 6.2 million in mid-2019 because Sanrio prevented its retailers from selling licensed "Hello Kitty" products across borders within the European Economic Area.
Dominant position: EUR 200 million fine against AB Inbev
In May 2019, the European Commission imposed a fine of EUR 200 million on beer producer AB InBev for violating antitrust law. The world's largest beer company abused its dominant position in the Belgian beer market to prevent cheaper imports of its Juliper brand beer from the Netherlands into Belgium. Author: […]
Cartel damages: who is the liable “company”?
Blog 24/07/2019 Author: Dr. Christian Andrelang, LL.M. Attorney at Law Specialist in International Business Law Specialist in Commercial and Corporate Law Cartel Damages: In its "Skanska" decision (judgment of March 14, 2019, C-724/17), the ECJ addressed the question of who is liable for damages under antitrust law. The decision is likely to have far-reaching implications for the enforcement of […]
Exhaust gas scandal compensation - manufacturer liability and immorality
Author: Dr. Christian Andrelang, LL.M. Attorney-at-law Specialist in international business law Specialist in commercial and corporate law Since the emissions scandal became public in September 2015, the higher courts have also been asking themselves the question of the extent to which the manufacturers of vehicles with manipulated emissions are liable to the buyers, even though the injured buyers did not buy the vehicles directly from the manufacturer. The emissions scandal […]
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 […]