The German Federal Court of Justice affirms the coherence of German and European Competition law and German Civil law concerning anticompetitive practices (Subcontractor II)

Facts The parties argue about the validity of a post-contractual non-compete clause. The plaintiff deals with the development, production and construction of certain technical equipments. The defendant was an employee of the plaintiff in the past. Then he went into business for himself on the same market. During the last years he worked exclusively for the plaintiff. In 2005 the parties reached an agreement according to which the defendant should act as a subcontractor for the plaintiff concerning specified works. The parties also agreed on a non-compete clause. Accordingly the subcontractor was allowed only to act for the plaintiff regarding the enumerated activities and he was forbidden to do so for competitors of the plaintiff. Every party was allowed to abrogate the arrangement

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  • Free University of Berlin (Berlin)

Quotation

Maik Wolf, The German Federal Court of Justice affirms the coherence of German and European Competition law and German Civil law concerning anticompetitive practices (Subcontractor II), 10 December 2008, e-Competitions Effect on interstate trade, Art. N° 26362

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