Commercial Contracts

Recent Articles

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  28.04.2023

  Germany

  Man­u­fac­tur­ers can set mar­gin com­pon­ents and bo­nuses for au­thor­ised deal­ers, rules Frank­furt court

  The claimant is an association of authorised dealers with the capacity to bring legal actions against breaches of competition law and the law on general terms and conditions. The defendant manufactures vehicles and distributes them through authorised dealers under a selective distribution system. The authorised dealers are members of the claimant. A new dealer contract implemented by the defendant vehicle manufacturer provides that margin components and bonuses are not part of the dealer contract, and can be determined unilaterally by the manufacturer in an annual circular. This position was contested...

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  28.04.2023

  United Kingdom

  Spe­cial­isa­tion and R&D: how can busi­nesses col­lab­or­ate without breach­ing com­pet­i­tion law?

  Current economic pressure impacting businesses and their supply chains, combined with more pressing demands for better ESG and innovation, are driving businesses to collaborate more closely. This includes pressure on businesses to collaborate with their competitors.For competition authorities, collaboration between competitors has been (and remains) an area of sensitivity. The key concern being that collaboration may risk reducing the intensity of competition, leading to poorer outcomes for consumers or, in more serious cases, it may simply result in collusion that is clearly anti-competitive....

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  25.04.2023

  England and Wales

  Con­sumer reg­u­lat­or giv­en 10% fin­ing powers un­der new con­sumer law Bill

  10% fining powers confirmed in newly unveiled consumer law Bill:Highly-anticipated proposals for new consumer laws have today (25 April 2023) been published in the Digital Markets, Competition and Consumers Bill (the “Bill”).The Bill propels the UK’s consumer regulator, the Competition and Markets Authority (“CMA”), from having no right to fine for consumer law breaches into having the most aggressive fining regime in any country we know, with penalty fines linked to a business’ annual global, rather than UK-specific, turnover.  The proposals show that the...

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  25.04.2023

  Middle East

  Cor­por­ate Tax Thought Lead­er­ship Series: Anti-Ab­use Rules for Small Busi­ness Re­lief

  BackgroundThe UAE enacted its Corporate Tax Law in December 2022 (Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses). The Corporate Tax Law applies with effect from 1 June 2023. A 9% tax rate will apply on income exceeding AED 375,000 (approx. US$102k). Despite its name, the Corporate Tax Law treats a natural person conducting business in the UAE as a “Resident Person”. Such a person’s business income would be subject to corporate tax in the UAE. Should the legislation not have extended the scope of the Corporate Tax Law to natural persons...

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  21.04.2023

  Europe

  Key changes for com­pan­ies re­lated to the new Gen­er­al Product Safety Reg­u­la­tion

  On 30 March 2023, the European Parliament adopted the General Product Safety Regulation for consumer products, which replaces the General Product Safety Directive of 2001 (2001/95/EC). The Council must formally approve the text before it can be published in the Official Journal of the EU and enter into force. The Regulation's validity begins 18 months after it enters into force.One of the most significant changes to the European non-food consumer product safety landscape in years, here are the 16 key changes:1. Recognition of the fulfillment service provider as an economic operatorThe fulfillment...

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  19.04.2023

  Netherlands

  Trend in Dutch ESG Lit­ig­a­tion: li­ab­il­ity based on an im­plied term pur­su­ant to com­pany’s own CSR policy

  A recently published case of the Court of Amsterdam reveals that the court found the fashion brand G-Star liable for damages suffered by its supplier as a result of not placing regular orders under the Supply Agreement. Case and rulingThe court recognised that G-Star did not have an obligation to place orders since the Supply Agreement explicitly stated that such an obligation did not exist. The court, however, held that G-Star had an obligation to place sufficient and regular orders under the Supply Agreement even if the agreement stipulated that such an obligation did not exist.The court...

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