(1) Sector contracting entities are
1. public contracting authorities under Section 99 nos 1 to 3 that carry out a sector activity under Section 102;
2. natural or legal persons under private law that carry out a sector activity under Section 102, where
a) such activity is carried out based on special or exclusive rights that have been conferred by a competent authority; or
b) public contracting authorities under Section 99 nos 1 to 3 can individually or jointly exercise a controlling influence on these persons.
(2) Special or exclusive rights within the meaning of subsection (1) no 2 a) are rights which result in reserving the performance of this activity for one or more undertakings while considerably diminishing the eventuality that this activity will be performed by other undertakings. Rights are not special or exclusive rights in this sense if they have been conferred based on a procedure under the provisions of this Part or based on another procedure for which adequate notice was given and which is founded on objective criteria.
(3) The exercise of a controlling influence within the meaning of subsection (1) no 2 b) is presumed where a public contracting authority under Section 99 nos 1 to 3
1. directly or indirectly owns the majority of the subscribed capital of the undertaking;
2. holds the majority of the voting rights attached to the shares of the undertaking; or
3. can appoint more than half of the members of the administrative, management or supervisory board of the undertaking.