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Anti Trust Agreement

Anti Trust Agreement Template for Germany

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Key Requirements PROMPT example:

Anti Trust Agreement

"I need an Anti-Trust Agreement for a joint venture between our pharmaceutical company and a major distributor in Germany, with specific focus on information sharing protocols and market access restrictions, to be implemented by March 2025."

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Document background
The Anti-Trust Agreement serves as a crucial legal instrument for businesses operating in Germany to ensure compliance with competition laws and prevent anti-competitive practices. This document becomes particularly relevant when companies engage in business relationships that could raise competition concerns, such as joint ventures, strategic partnerships, or operations in highly concentrated markets. It incorporates requirements from both the German Act Against Restraints of Competition (GWB) and EU competition law, providing a comprehensive framework for maintaining fair competition. The agreement typically includes detailed provisions on information sharing, market conduct, compliance programs, and monitoring mechanisms, making it essential for businesses seeking to mitigate competition law risks while operating in German and EU markets.
Suggested Sections

1. Parties: Identification and details of all contracting parties, including their legal status and registration details

2. Background: Context of the agreement, including the business relationship between the parties and their market positions

3. Definitions: Detailed definitions of key terms, including market-specific terminology and competition law concepts

4. Scope and Purpose: Clear statement of the agreement's objectives and its geographical and commercial scope

5. Competition Law Compliance Commitments: Core obligations regarding competition law compliance, including prohibited practices and required behaviors

6. Information Exchange: Rules and restrictions regarding the sharing of commercially sensitive information

7. Market Conduct: Specific commitments regarding market behavior, pricing practices, and customer relationships

8. Compliance Program: Requirements for implementing and maintaining competition law compliance programs

9. Monitoring and Reporting: Procedures for monitoring compliance and reporting potential violations

10. Breach and Remedies: Consequences of breaching the agreement and available remedies

11. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Industry-Specific Provisions: Additional provisions specific to regulated industries or sectors with special competition requirements

2. Joint Venture Provisions: Specific provisions for cases where the parties are engaged in a joint venture

3. Intellectual Property: Provisions regarding IP rights and their exploitation in compliance with competition law

4. Dawn Raid Procedures: Procedures to follow in case of competition authority investigations

5. Parent Company Guarantees: Guarantees from parent companies regarding competition law compliance

6. Third Party Rights: Provisions regarding the rights of third parties affected by the agreement

7. Change of Control: Provisions dealing with changes in ownership or control of the parties

Suggested Schedules

1. Schedule 1: Relevant Markets: Detailed definition and description of the relevant markets covered by the agreement

2. Schedule 2: Compliance Program Requirements: Detailed requirements and procedures for the competition law compliance program

3. Schedule 3: Reporting Templates: Standard forms and templates for compliance reporting

4. Schedule 4: Contact Details: List of key contacts for compliance matters and notifications

5. Schedule 5: Prohibited Practices: Detailed list of specifically prohibited anti-competitive practices

6. Appendix A: Competition Law Guidelines: Practical guidelines for ensuring competition law compliance

7. Appendix B: Training Requirements: Details of required competition law training for relevant personnel

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Affiliated Company
Agreement
Anti-Competitive Practice
Applicable Competition Laws
Business Day
Commercially Sensitive Information
Competent Authority
Competition Law Breach
Compliance Program
Confidential Information
Control
Dominant Market Position
Effective Date
EU Competition Law
GWB
Group
Intellectual Property Rights
Joint Venture
Market Share
Material Breach
Monitoring Officer
Notice
Parent Company
Parties
Prohibited Practice
Relevant Market
Restricted Information
Sensitive Data
Strategic Information
Subsidiary
Term
Territory
Third Party
Trade Secrets
Working Hours
Competition Authority
Compliance Report
Dawn Raid
Emergency Contact
Force Majeure
Governing Law
Investigation
Merger Control
Regulatory Approval
Remedial Action
Significant Market Power
Undertaking
Clauses
Definitions
Interpretation
Competition Law Compliance
Market Conduct
Information Exchange
Confidentiality
Compliance Program
Monitoring and Reporting
Dawn Raid Procedures
Training Requirements
Documentation and Record Keeping
Audit Rights
Investigation Cooperation
Non-Circumvention
Risk Assessment
Warranties and Representations
Indemnification
Liability
Force Majeure
Term and Duration
Termination
Consequences of Termination
Remedial Actions
Dispute Resolution
Governing Law
Jurisdiction
Notices
Assignment
Severability
Entire Agreement
Amendments
Third Party Rights
Costs
Waiver
Counterparts
Relevant Industries

Manufacturing

Telecommunications

Automotive

Pharmaceuticals

Technology

Retail

Energy

Financial Services

Media and Entertainment

Transportation and Logistics

Chemical Industry

Healthcare

Construction

Relevant Teams

Legal

Compliance

Risk Management

Corporate Strategy

Business Development

Sales

Operations

Regulatory Affairs

Corporate Governance

Internal Audit

Commercial Operations

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Chief Compliance Officer

General Counsel

Competition Law Counsel

Legal Director

Compliance Manager

Risk Management Officer

Commercial Director

Business Development Director

Corporate Strategy Manager

Regulatory Affairs Manager

Market Access Manager

Sales Director

Operations Director

Industries
German Act Against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen - GWB): The primary German competition law that prohibits anti-competitive agreements, abuse of dominant market position, and regulates merger control.
Article 101 TFEU (Treaty on the Functioning of the European Union): EU law prohibiting agreements between undertakings that may affect trade between Member States and prevent, restrict or distort competition within the internal market.
Article 102 TFEU: EU law prohibiting abuse of dominant market position within the internal market that may affect trade between Member States.
EU Merger Regulation (Council Regulation (EC) No 139/2004): Regulation on the control of concentrations between undertakings at EU level, which applies to mergers with an EU dimension.
German Civil Code (Bürgerliches Gesetzbuch - BGB): Contains general contract law provisions that may affect the validity and enforcement of anti-trust agreements.
German Commercial Code (Handelsgesetzbuch - HGB): Contains provisions relevant to commercial relationships and business practices that may intersect with competition law.
Block Exemption Regulations: Various EU regulations that exempt certain categories of agreements from Article 101 TFEU prohibition, which are also relevant for German competition law.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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