The German Federal Court of Justice decides on the compatibility of non-competition clauses to the detriment of minority shareholders with Art. 101 Para. 1 TFEU and Sec. 1 ARC (Gratiszeitung Hallo)

On 23 June 2009, the German Federal Court of Justice overruled three judgments of the Higher Regional Court of Düsseldorf [1] and remitted the cases back for further proceedings. In the joint proceedings before the Federal Court of Justice, the court had to decide whether a non-competition clause to the detriment of minority shareholders was prohibited by Art. 101 Para. 1 TFEU or by Sec. 1 of the German Act against Restraints on Competition (ARC) respectively. Facts The proceedings at hand arose from a controversy between three publishers of daily papers who had set up a joint venture (JV) for the joint production and distribution of an advertising paper. Each of the publishers held a minority share of one third in the JV. The JV's articles of incorporation provided for certain

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Petra Linsmeier, Moritz Lichtenegger, The German Federal Court of Justice decides on the compatibility of non-competition clauses to the detriment of minority shareholders with Art. 101 Para. 1 TFEU and Sec. 1 ARC (Gratiszeitung Hallo), 23 June 2009, e-Competitions Bulletin June 2009, Art. N° 32897

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