discount systems in distribution contracts
The lack of a general ban on discrimination in EU and German antitrust law means that companies can treat retailers differently. Find out why discounts can be problematic under antitrust law if they drive out competition.
Supply contract – limits of refusal of delivery and right of termination
The manufacturers and suppliers of product ranges invest a lot of time and money in building their brand and designing their product range in line with the brand. They therefore expect the retailers they supply to comply with their sales obligations. If they do not do this because they do not promote the brand, violate non-competition clauses, do not comply with the regulations on online trading or supply the grey market, the […]
Purchasing Groups in Antitrust Law
The formation of purchasing groups is a common practice in many industries. You can find antitrust information on this here.
Tips from the lawyer: commercial law
Business law, especially antitrust and distribution law, plays a crucial role for companies.
Managing Directors – liability of the GmbH in case of bribery
The GmbH, for which a managing director worked, can be held liable for damage under certain conditions, for example in the case of bribery.
Direct sales by the manufacturer - competition for your own dealer
Is direct sales within the framework of a sales system - also called dual sales or dual distribution - legally permissible?
Non Disclosure Agreement NDA
Non-disclosure agreement NDA - the beginning of a company purchase. This is how the meaning of a non-disclosure agreement can be succinctly described. Every company takeover - be it a company purchase as a share deal or as an asset deal - requires careful legal planning and coordination of the takeover process. 1. Non-disclosure agreement NDA - antitrust law company purchase As your lawyer, I offer you a service tailored to you [...]
SME cartel – antitrust requirements
A medium-sized company cartel can bring significant competitive advantages to small and medium-sized companies in order to be able to compete with the large companies in a sector. This applies in particular to specialization cartels and rationalization cartels, which the GWB allows under certain conditions. Under the umbrella of a medium-sized company cartel, for example, price agreements and quota formation that are otherwise prohibited can be permitted. However, […]
Pricing Algorithms – Dynamic Pricing and Antitrust Law
Die Wettbewerbskommissarin Vestager bringt die Situation der Unternehmen und das Verhältnis zwischen Unternehmen und dem Wettbewerbsrecht auf den Punkt, wenn sie sinngemäß sagt: Es mag nicht einfach sein zu verstehen, wie diese Preisalgorithmen funktionieren, aber Unternehmen können sich ihrer Verantwortung für kartellrechtswidrige Kollusion, also Zusammenwirken, nicht dadurch entziehen, indem sie sich hinter Preisalgorithmen verstecken. ##Preisalgorithmen […]
ECJ: Ban on third-party platforms for luxury items permissible
The long-awaited ruling of the ECJ (judgment of December 6, 2017, C-230/16) in the Coty case is here: A supplier of luxury goods can prohibit its authorized dealers from selling the goods online via a third-party platform such as Amazon. Such a ban is suitable for safeguarding the luxury image of the goods and, in principle, does not go beyond what is necessary for this purpose. [...]