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 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 [...]