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PART I
Restraints of Competition
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FIRST CHAPTER
Agreements, Decisions and Concerted Practices Restricting Competition
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§ 1Prohibition of Agreements Restricting Competition
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§ 2Exempted Agreements
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§ 3Cartels of Small or Medium-Sized Enterprises
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§§ 4 – 18[Abolished]
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SECOND CHAPTER
Market Dominance, Restrictive Practices
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§ 19Abuse of a Dominant Position
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§ 20Prohibition of Discrimination, Prohibition of Unfair Hindrance
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§ 21Prohibition of Boycott and Other Restrictive Practices
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THIRD CHAPTER
Application of the European Competition Law
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§ 22Relationship between this Act and Articles 81 and 82 of the Treaty Establishing the European Community
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§ 23[Abolished]
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FOURTH CHAPTER
Competition Rules
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§ 24Definition, Application for Recognition
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§ 25Comments by Third Parties
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§ 26Recognition
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§ 27Information on Competition Rules, Publications
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FIFTH CHAPTER
Special Provisions for Certain Sectors of the Economy
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§ 28Agriculture
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§ 29Energy Sector
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§ 30Resale Price Maintenance for Newspapers and Magazines
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§ 31[Abolished]
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SIXTH CHAPTER
Powers of the Cartel Authorities, Sanctions
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§ 32Termination and Subsequent Finding of Infringements
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§ 32aInterim Measures
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§ 32bCommitments
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§ 32cNo Grounds for Action
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§ 32dWithdrawal of Exemption
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§ 32eInvestigations into Sectors of the Economy and into Types of Agreements
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§ 33Claims for Injunctions, Liability for Damages
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§ 34Skimming off of Benefits by the Cartel Authority
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§ 34aSkimming off of Benefits by Associations
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SEVENTH CHAPTER
Control of Concentrations
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§ 35Scope of Application of the Control of Concentrations
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§ 36Principles for the Appraisal of Concentrations
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§ 37Concentration
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§ 38Calculation of Turnover and Market Shares
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§ 39Obligation to Notify
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§ 40Procedure of Control of Concentrations
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§ 41Prohibition of Putting a Concentration into Effect, Dissolution
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§ 42Ministerial Authorisation
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§ 43Publications
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EIGHTH CHAPTER
Monopolies Commission
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§ 44Functions
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§ 45Members
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§ 46Decisions, Organisation, Rights and Duties of the Members
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§ 47Transmission of Statistical Data
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PART II
Cartel Authorities
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FIRST CHAPTER
General Provisions
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§ 48Competence
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§ 49Bundeskartellamt and Supreme Land Authority
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§ 50Implementation of European Law
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§ 50aCooperation within the Network of European Competition Authorities
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§ 50bOther Cooperation with Foreign Competition Authorities
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§ 50cCooperation of Authorities
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SECOND CHAPTER
Bundeskartellamt [Federal Cartel Office]
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§ 51Seat, Organisation
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§ 52Publication of General Instructions
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§ 53Report on Activities
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PART III
Procedure
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FIRST CHAPTER
Administrative Matters
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I. Proceedings Before Cartel Authorities
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§ 54Institution of the Proceedings; Parties
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§ 55Preliminary Decision on Jurisdiction
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§ 56Opportunity to Comment, Hearing
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§ 57Investigations, Taking of Evidence
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§ 58Seizure
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§ 59Requests for Information
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§ 60Preliminary Injunctions
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§ 61Completion of the Proceedings, Reasons for the Decision, Service
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§ 62Publication of Decisions
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II. Appeals
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§ 63Admissibility; Jurisdiction
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§ 64Suspensive Effect
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§ 65Order of Immediate Enforcement
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§ 66Time Limits and Formal Requirements
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§ 67Parties to the Appeal Proceedings
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§ 68Mandatory Representation by Lawyers
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§ 69Hearing
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§ 70Principle of Investigation
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§ 71Decision on the Appeal
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§ 71aRelief in Case of Violation of the Right to be Heard
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§ 72Inspection of Files
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§ 73Application of the Provisions of the
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III. Appeal on Points of Law
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§ 74Leave to Appeal, Absolute Reasons for Appeal
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§ 75Appeal from Refusal to Grant Leave
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§ 76Right to Appeal, Formal Requirements and Time Limits
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IV. Common Provisions
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§ 77Capacity to Participate in the Proceedings
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§ 78Apportionment and Taxation of Costs
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§ 78aElectronic Transmission of Documents
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§ 79Ordinances
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§ 80Chargeable Acts
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SECOND CHAPTER
Proceedings Concerning Administrative Fines
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§ 81Provisions Concerning Administrative Fines
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§ 82Jurisdiction in Proceedings to Assess an Administrative Fine Against a Legal Person or Association of Persons
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§ 82aCompetences and Jurisdiction in Legal Proceedings Concerning Administrative Fines
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§ 83Jurisdiction of the Court of Appeal in Judicial Proceedings
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§ 84Appeal to the Federal Court of Justice on Points of Law
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§ 85Reopening of Proceedings against an Administrative Fine
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§ 86Court Decisions Concerning Enforcement
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THIRD CHAPTER
Enforcement
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§ 86aEnforcement
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FOURTH CHAPTER
Civil Actions
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§ 87Exclusive Jurisdiction of the District Courts
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§ 88Joining of Actions
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§ 89Jurisdiction of one District Court for Several Court Districts
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§ 89aAdjustment of the Value in Dispute
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FIFTH CHAPTER
Common Provisions
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§ 90Information of and Participation by the Cartel Authorities
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§ 90aCooperation of the Courts with the Commission of the European Community and the Cartel Authorities
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§ 91Cartel Division of the Court of Appeal
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§ 92Jurisdiction of a Court of Appeal or of the Supreme Court of a Land for Several Court Districts in Administrative Matters and Proceedings Concerning Administrative Fines
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§ 93Jurisdiction over Appeals
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§ 94Cartel Division of the Federal Court of Justice
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§ 95Exclusive Jurisdiction
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§ 96[Abolished]
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PART IV
Award of Public Contracts
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FIRST CHAPTER
Award Procedures
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§ 97General Principles
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§ 98Contracting Entities
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§ 99Public Contracts
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§ 100Scope of Application
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§ 101Categories of Awards
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§ 101aInformation and Standstill Obligation
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§ 101bIneffectiveness
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SECOND CHAPTER
Review Procedures
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I. Reviewing Authorities
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§ 102Principle
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§ 103 (abolished)
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§ 104Public Procurement Tribunals
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§ 105Composition, Independence
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§ 106Establishment, Organisation
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§ 106aDelimitation of Competence of the Public Procurement Tribunals
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II. Proceedings before the Public Procurement Tribunal
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§ 107Initiation of the Proceedings, Application
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§ 108Form
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§ 109Parties to the Proceedings, Admission to the Proceedings
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§ 110Investigation Principle
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§ 111Inspection of Files
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§ 112Hearing
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§ 113Expedition
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§ 114Decision of the Public Procurement Tribunal
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§ 115Suspension of the Award Procedure
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§ 115aExclusion of divergent Land law
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III. Immediate Complaint
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§ 116Admissibility, Jurisdiction
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§ 117Time Limit, Formal Requirements
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§ 118Effect
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§ 119Parties to the Appeal Proceedings
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§ 120Procedural Provisions
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§ 121Preliminary Decision on the Award
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§ 122End of the Award Procedure after the Decision of the Appellate Court
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§ 123Decision on the Appeal
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§ 124Binding Effect and Duty to Refer the Matter
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THIRD CHAPTER
Other Provisions
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§ 125Damages in the Event of an Abuse of Law
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§ 126Claim to Compensation for Damages
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§ 127Empowering Provisions
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§ 128Costs of the Proceedings before the Public Procurement Tribunal
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§ 129Corrective Mechanism of the Commission
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§ 129aInformation Duties of the Review Bodies
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§ 129bProvision for Contracting Entities under the Federal Mining Act
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PART V
Scope of application of the Act
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§ 130Public Undertakings, Scope of application
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PART VI
Transitional and Final Provisions
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§ 131Transitional Provisions
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Annex (to § 98 no. 4)
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