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 […]
Geoblocking - The Guess decision of the EU Commission
The European Commission is serious about geoblocking – and national antitrust authorities such as the Federal Cartel Office are likely to follow suit. The geoblocking regulation had barely come into force on December 3, 2018, when the European Commission imposed a fine of almost EUR 40 million on the clothing label Guess in its decision of December 17, 2018 […]
Purchasing community: Prohibited price maintenance
Price fixing by retailers in a purchasing group is prohibited. The Federal Cartel Office made this clear again in a press release published on January 29, 2019 on a fine decision. There are exceptions to this rule, but only within narrow limits. Read here what is possible under antitrust law. Author: Dr. Christian Andrelang, LL.M. Attorney-at-law Specialist in international commercial law Specialist in […]
Management liability: Breach of duty towards the GmbH
Managing director liability is a sensitive issue: The law stipulates that managing directors must exercise the care of a prudent businessman in the affairs of the company. A managing director who violates his duties is liable to the company for the damage caused. D&O insurance can protect him and the company. Author: Dr. Christian Andrelang, LL.M. Attorney-at-law Specialist in international commercial law […]
Authorized dealer compensation claim - without customer data?
Does an authorized dealer have a claim for compensation without the authorized dealer having to be contractually obliged to transfer his customer base? The Nuremberg Regional Court surprised everyone with a published advisory decision dated November 27, 2018, indicating that the only thing that matters is whether the entrepreneur has benefited from the business relationship with the authorized dealer. According to the case law of the Federal Court of Justice [...]