The Higher Regional Court of Düsseldorf declares that the non-compete clause is null and void in a long-term ground-leasehold contract if the legislator renders the antitrust laws more restrictive during the course of the contract (Flughafenhotel VI-U (Kart))

A non-compete clause in a long-term ground-leasehold contract may become null and void if the legislator renders the antitrust laws more restrictive during the course of the contract An airport operator entered into a long-term ground-leasehold contract with a hotel operator in 1972. In this contract, the lessee committed himself to building and operating a hotel on the airport premises. At the same time, the lessor subjected himself to a non-compete clause according to which he would not operate a hotel himself or permit any third party to operate a hotel on the airport premises or to support the operation of a hotel by a third party. In 2013, the lessor intended to establish another hotel on its premises, which

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.

 

PDF Version

Author

  • Eberhard Karls University of Tübingen

Quotation

Stefan Thomas, The Higher Regional Court of Düsseldorf declares that the non-compete clause is null and void in a long-term ground-leasehold contract if the legislator renders the antitrust laws more restrictive during the course of the contract (Flughafenhotel VI-U (Kart)), 29 January 2014, e-Competitions January 2014, Art. N° 68798

Visites 48

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues