The Higher Regional Court of Düsseldorf specifies the criteria for concluding non-competition clauses to the detriment of minority shareholders (AnzeigenblattGU)

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References

Higher Regional Court of Düsseldorf, AnzeigenblattGU, Decision No. VI-U (Kart) 11/07, 15 August 2007 (German)

Higher Regional Court of Düsseldorf, AnzeigenblattGU, Decision No. VI-U (Kart) 12/07, 15 August 2007 (German)

Higher Regional Court of Düsseldorf, AnzeigenblattGU, Decision No. VI-U (Kart) 26/07, 26 June 2008 (German)

In three cases dated 15 August 2007 [1] and 26 June 2008 [2] the German Higher Regional Court of Düsseldorf decided on the compatibility with competition law of non-competition clauses to the detriment of minority shareholders. In two of the cases, appeals against denial of leave to appeal are pending before the German Federal Court of Justice. Facts In 1980, a German publishing house seated in North Rhine-Westphalia (the plaintiff) and two other German publishers formed a concentrative joint venture (the defendant). The object of the joint venture was to jointly produce and distribute advertising papers. The shareholders agreed to stop producing and distributing advertising papers individually. Each of the publishers acquired a share of one third in the defendant. There were no

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Petra Linsmeier, Moritz Lichtenegger, The Higher Regional Court of Düsseldorf specifies the criteria for concluding non-competition clauses to the detriment of minority shareholders (AnzeigenblattGU), 15 August 2007, e-Competitions August 2007, Art. N° 21240

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