Gesellschaft, Politik und Recht

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Okt
03

Bundeskartellamt imposes fines for illegal price-fixing agreements

Bundeskartellamt imposes fines for illegal price-fixing agreements Germany”s Federal Cartel Office, the Bundeskartellamt, has imposed fines totaling 13.2 million euros on two packaging firms due to illegal price-fixing agreements. The companies had been supplying a commercial chain. According to the Gesetz gegen Wettbewerbsbeschränkungen (GWB), the German Act Against Restraints of Competition, agreements between companies or … Weiterlesen »

Okt
02

LAG Köln – Managing directors cannot claim protection against unfair dismissal

LAG Köln – Managing directors cannot claim protection against unfair dismissal A managing director cannot claim protection against unfair dismissal if he or she is under no power of direction when working. In that case, he or she is not to be classified as an employee according to a ruling of the Landesarbeitsgericht (LAG) Köln, … Weiterlesen »

Okt
01

BGH – Advertising featuring health claims

BGH – Advertising featuring health claims Health claims in relation to foods and foodstuffs are only permitted if they do not violate the Health Claims Regulation. This was reaffirmed by the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court (Az.: I ZR 167/16). When it comes to advertising on foods and foodstuffs featuring health claims, businesses need … Weiterlesen »

Sep
28

BGH – Resale price maintenance is an unlawful restriction of competition

BGH – Resale price maintenance is an unlawful restriction of competition Resale price maintenance restricts competition and therefore usually constitutes a violation of antitrust law. This was reaffirmed by the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, in a ruling from October 17, 2017 (Az.: KZR 59/16). In the case of resale price maintenance, manufacturers obligate … Weiterlesen »

Sep
27

OLG Karlsruhe – No blanket reimbursement of commercial agents’ “Stornoreserve”

OLG Karlsruhe – No blanket reimbursement of commercial agents’ “Stornoreserve”

Sep
26

Post-contractual prohibition on competition and compensation for interim period

Post-contractual prohibition on competition and compensation for interim period A post-contractual prohibition on competition is a reciprocal agreement. If one party fails to perform the work or service as agreed, then the other side is entitled to rescind the agreement. It is common for employment contracts as well as commercial agency agreements to include a … Weiterlesen »

Sep
25

CJEU – Selective prohibition on sale of luxury items

CJEU – Selective prohibition on sale of luxury items In a ruling from December 6, 2017, the Court of Justice of European Union (CJEU) held that a selective distribution system for luxury items does not constitute a violation of the prohibition on restrictive practices under EU law if certain conditions are fulfilled. Suppliers of luxury … Weiterlesen »

Sep
24

BGH – Managing directors acting as front men can also be held liable

BGH – Managing directors acting as front men can also be held liable Formal managing directors who are only appointed to act as front men are subject to criminal liability as well. This was reaffirmed by the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, in a ruling from October 13, 2016 (Az.: 3 StR 352/16). A … Weiterlesen »

Sep
20

GRP Rainer Rechtsanwälte – Experience suggests planning for business succession early on

GRP Rainer Rechtsanwälte – Experience suggests planning for business succession early on Business succession is an issue that preys on the minds of many small and medium-sized enterprises and family-run businesses. Yet finding a suitable successor can prove challenging. In the coming years, business succession will be on the agenda of a lot of small … Weiterlesen »

Sep
17

GRP Rainer Rechtsanwälte – Experience in resolving shareholder disputes

GRP Rainer Rechtsanwälte – Experience in resolving shareholder disputes If a dispute among shareholders cannot be resolved, it is in the interests of all parties involved to come to a solution that does not jeopardize the company”s existence. While shareholders are usually in agreement about the strategy and objectives of the business when the company … Weiterlesen »

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