Specialised

Price Adjustments/Profitability Clauses

Price agreements, especially long-term purchase agreements, keep coming under pressure. The customer may be dissatisfied with the transparency of the price calculation which should then be reviewed. That is often based on § 315 Civil Code or anti-trust law provisions. Influences, external to the contract – regulatory law provisions or (geo-) political developments and technological advances – may affect the economic balance in the supply relationship or its profitability. Frequently then disputes about contract adjustments on the basis of the profitability clauses arise. We advise our clients in such cases and support them both before state courts and arbitration tribunals. We then work together with economic experts and auditors.

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