Antitrust Law
The cooperation between companies often has implications under antitrust law. Distribution agreements between manufacturers, suppliers, wholesalers and resellers which for instance stipulate sales regions, maintain customer prices or assign customers fall under these regulations as well as mutual understandings between competitors.Because of the 7th amendment of the German Act against Restraints of Competition which entered into force on 1 July 2005, companies are much more responsible for being compliant with antitrust regulations than before. Therefore, they are now obliged to evaluate by themselves whether they fall under regulatory exemptions since restraints of competition are prohibited in principal. For such evaluation, professional legal advice is strongly recommended. Not only German law has to be taken into account, but also EU provisions such as block exemption regulations on vertical agreements or technology transfer agreements. In case of merger or acquisition of companies, it has to be examined whether a merger notification to the competent antitrust authority is required. If so, the underlying sales and purchase agreement has to be adopted accordingly.
Our services:
- Drafting and review of distribution systems and agreements
- Advice on antitrust law and drafting of legal opinions
- Enforcement of claims under antitrust law, e.g. in case of discrimination
- Merger notification
- Representation before antitrust authorities and courts
| Last modified 07/21/2010 | © by teclegal Habel RAe Partnerschaft | Imprint |