Specialists in contract law, commercial law and service law
The drafting and negotiation of contracts for the trading of goods and the provision of works and services is one of our core competences.
We ensure not only that such contracts have a legally compelling design, but that our advice takes into account the specific financial and, where applicable, technical framework conditions. This comprehensive advisory approach is a cornerstone of our specific expertise and enables us to optimally assert the interests of our clients.
Our services also includes representation in court regarding all contractual matters.
IT services continue to play an increasingly important role in modern work and production processes. For years, e-commerce has been the only sales channel in retail that promises significant growth in the long term.
IT service providers and companies are thus faced with a continuous stream of new technical, economic and legal challenges. For one thing, they must navigate a continuously changing legal framework significantly influenced by European Community law; for another, they require significant guidance to successfully negotiate contracts oriented towards dynamically improving business models. In addition to specific legal know-how, advising successfully in this area thus requires a thorough understanding of the commercial and technical peculiarities of these markets. We use this integrated approach to advise our clients on all areas of IT and e-commerce law, including related issues of intellectual property (IP).
Our main focus lies on advising and drafting contracts for outsourcing projects of all kinds and for common IT services (software licenses, software development, hosting, application support, hardware and software operation, consulting, system integration, etc.).
Our advice in the field of distribution law focuses, in particular, on the conception and design of distribution systems (e.g. commercial agents, authorized dealers, licensing and franchising agreements) and advice and support for the optimization and restructuring of existing systems.
Our services include the drafting and negotiation of the necessary contracts – which we oversee right up to the signing stage – and representation in disputes, including the calculation and negotiation of compensation claims and the enforcement and drafting of competition agreements.
Our expertise in this field covers all areas of German and European antitrust law. We advise and represent our clients at the German and European antitrust authorities and courts.
Our antitrust practice includes, in particular:
Horizontal and vertical agreements
For a large number of contracts, antitrust issues are of great significance for the drafting and negotiation process. This applies, in particular, to supply and distribution agreements, licenses and technology transfer as well as to the structuring and review of joint ventures and other cooperation agreements.
In the merger control field, we advise on possible antitrust requirements and obstacles that may arise in transactions and cooperation arrangements under merger control law. We advise on merger control proceedings both at the Federal Cartel Office and before the European Commission.
In addition, we have extensive experience dealing with abuse of a dominant market position and the prohibition on unreasonable restraints, including the ban on selling below cost price.
We provide training for our clients’ employees and represent our clients before German and European antitrust authorities in the event of antitrust investigations.