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Published by horak. Attorneys at law / Patent attorneys
Archive · First published 2022-02-15. Editorial revision: 12 November 2026. The original date is retained; the text below distinguishes historical context from present-day application.
Digital distribution raises competition questions concerning access, pricing, exclusivity, data and market power. The legal assessment depends on the conduct, market position and relationship between the businesses.
How to use this archived article
The original article discussed an earlier stage of German competition-law reform. It should not be treated as a complete statement of today’s framework, which also includes later German reforms and EU digital-market regulation.
Questions for a current matter
Which contractual version and legal regime apply? What happened, when did the parties become aware of it, and which documents preserve the relevant facts? Identify the desired outcome and any procedural deadline before choosing a response.
Four practical examples
Illustrative scenarios, not reports of client mandates. The appropriate response depends on the facts and applicable law.
Resale price imposed
A vendor tells distributors to maintain a fixed price. We review the competition-law risk and permitted alternatives.
Integrator exceeds rights
An integrator sublicenses functions it does not control. We identify the rights gap and corrective options.
Territory conflict
Two partners claim the same enterprise customer. We assess the allocation and evidence of lead registration.
Distribution terminated
A supplier ends a long relationship. We assess notice, possible compensation and continuity for customers.