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a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 2123
Experience:  1.+ 2. Staatsexamen; LL.M.(Master of Law)
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I have a German Executive Search Agency and I often do business

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I have a German Executive Search Agency and I often do business with Swiss companies. Someone told me that my Swiss clients can get fined by the Swiss government for doing business directly with a German company. What is the actual true?

Dear Customer,

thank you for using Just Answer.

There is no penalty for a direct business transactions with Germany. There is private autonomy. A penalty could arise only from competition law aspects, E.g. If the Swiss company has contractually assured protection of competitors.

I hope I was able to help. If so please accept my answer.

I am here to help you and I ONLY get paid if you rate me positively AFTER I answer you. So believe me, I will work hard for you to rate me well and bonuses are appreciated. Thank you!

Best regards,

Anja Merkel, LL.M.


Customer: replied 3 years ago.

Hi Anja,


So as long as my Swiss client (the company i do business with in switzerland) has not signed a contract with a Swiss Executive Search agency guaranteeing them protection from competitors, they will not get a penalty? Is the correct?


I will give you a high rating as soon as you get back to me.


Thanks & regards,


Hi Robert,

Yes, a legal punishment, which lump sum criminalises relationships with Germany does not exist. This can be done only from a contractual clause of the competitor or a breach of competition law.

A penalty can be imposed still when it comes to illegal trafficking. Then the illegal business will be punished, but not the deal with a German company.
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