On 16 January 2008 the Higher Regional Court of Düsseldorf issued a decision on questions concerning the German prohibition of unfair hindrance, Sec. 20(1) of the German Act against Restraints on Competition (ARC). The questions arose in administrative proceedings by the German Federal Cartel Office against Praktiker, a German chain of building centres, for the purported unfair hindrance of its franchisees. The Federal Cartel Office established a breach of Secs. 20(1) and (2) ARC [1] . The Higher Regional Court of Düsseldorf rescinded this decision following an objection by Praktiker. On appeal by one of the franchisees, the Federal Court of Justice on 11 November 2008 upheld the decision of the Higher Regional Court of Düsseldorf [2] . Facts Praktiker sells and distributes
Share on
|
|
The Higher Regional Court of Düsseldorf holds that exclusive purchase obligations contained in franchise agreements are not necessarily prohibited as unfair hindrances, even though they cover the whole assortment of goods (Baumarkt)
Access to this article is restricted to subscribers
Already Subscribed? Sign-in
Access to this article is restricted to subscribers.
Read one article for free
Sign-up to read this article for free and discover our services.
