The German Higher Regional Court of Düsseldorf upholds customer protection provision due to lack of an appreciable restriction of competition (Pet Food)

On 28 September 2011, the Higher Regional Court of Düsseldorf (“the Court”) handed down a judgment on appeal regarding the validity of a section of a supply contract concluded between a manufacturer of pet food and a wholesaler. The relevant section of the contract, included, among other things, a clause restricting the manufacturer from directly supplying certain specified customers of the wholesaler, as well as a clause providing for compensation in case of termination of the contract by the other party. The

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The German Higher Regional Court of Düsseldorf upholds customer protection provision due to lack of an appreciable restriction of competition (Pet Food), 28 September 2011, e-Competitions Bulletin September 2011, Art. N° 58838

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