A tradition in innovation

Anti-trust law

In contrast to widespread opinion, anti-trust law ist not only relevant for major companies. As a basic principle, each agreement or practice which affects the contractual partners in their entrepreneurial freedom of action is forbidden, such as price or customer allocations, territorial agreements, exclusive purchase obligations and non-competition clauses. In most cases, such agreements are forbidden even if a company has only a small market share. However, many contracts would not work without such clauses. Therefore, there are some exceptions. The anti-trust law deals with the question what is allowed and which exceptions exist. By the way, the anti-trust law is the same in the whole EU. The EU Commission hast adopted several block exemption regulations which exempt some stipulations in some kind of agreements from anti-trust law, such as the TT-BER (Technology Transfer Block Exemption Regulation) or the Vertical-BER (V-BER; regarding the producer to distributor relationship).

It is extremely important to comply with the anti-trust laws because in case of non-compliance this may cause the invalidity of the contract on the one hand and on the other hand this may lead to extremely high fines for the companies involved (up to 10 percent of the preceding year´s annual turnover of the entire group of companies).

We check for you if your contracts are compliant with anti-trust law and make suggestions for the adjustment of your contracts if needed.

© KANZLEI DR. ERBEN