Take-or-Pay Clauses in Energy Contracts

Intro  In case you didn’t hear the term before, a clear-cut explanation is that a take-or-pay clause is a contractual provision that requires the buyer to make an unconditional payment to the seller. The buyer is required to either pay the price corresponding to pre-agreed quantities and take the delivery

Partnering Up: Joint Venture Agreements

On the Legal Nature and Origin of Joint Ventures   Companies are continuously striving to gain access to new markets and sources of supply, to make better use and capitalize on technology and assets, namely, to become more profitable in every aspect of conducting business. In such circumstances, joint venture agreements

The Federal Trade Commission (FTC) v. Non-Competes: Unfair Method of Competition or a Business Necessity?

Non-Competes Explained.   Non-compete agreements can be defined as legal agreements or contractual clauses specifying that an employee cannot enter into competition with an employer after the termination of employment. It is a form of restrictive covenant, namely a clause that adds constraints to the employment contract. The reasoning behind such

From the Iron Islands over France to Luxembourg: Analysis of a case on the validity of EU soft law and the broadening powers of the European Banking Authority (EBA)

  What is dead may never die…  In spring 2021 Advocate General Bobek delivered his opinion in the case of Fédération bancaire française v Autorité de contrôle prudentiel et de résolution, opening with a line from the popular show Game of Thrones. Referencing a ritual in the name of the

Algorithms & Antitrust: Is There a Common Ground?

In the beginning there were flies.   You probably wonder what the connection between algorithms competition law and flies is. Think of a biology textbook costing almost $24 million on Amazon. Originally created in 1992, the book was out of print by 2011. Seventeen copies were for sale on Amazon, and

The Poison Pill Strategy and Hostile Takeovers: From the 80s over Netflix to Twitter

The Curtain- Raiser on Poison Pills and Different Legal Traditions   Takeovers transferring control over a publicly traded company are common in the corporate environment. Most of them eventually happen on terms laid down by the target company’s board of directors. The reason behind the fact that successful hostile takeovers are

Scroll