Fehlerhafte Gesellschaft und kartellrechtswidrige Gemeinschaftsunternehmen

'Defective Partnership Doctrine and anti-competitive Joint Ventures': May a partnership whose partnership agreement violates the prohibition of cartels be deemed to be validly existing under the defective partnership doctrine? By dogmatically classifying the negative requirement of 'predominant common interests', the author demonstrates that, contrary to the Federal Court of Justice's case law, the doctrine's applicability must be examined on a case-by-case basis. In case of a violation of the prohibition of cartels, such application typically has to be ruled out.