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Part 5 · Scope of Application of Parts 1 to 3 › Section 185

Public Undertakings, Scope of Application

(1) The provisions of Parts 1 to 3 of this Act shall apply also to undertakings which are entirely or partly in public ownership or are managed or operated by public authorities. Sections 19, 20 and 31b(5) shall not be applicable to public fees or charges. The provisions of Parts 1 to 3 of this Act shall not apply to Deutsche Bundesbank and Kreditanstalt für Wiederaufbau (KfW).

(2) The provisions of Parts 1 to 3 of this Act shall be applied to all restraints of competition having an effect within the area of application of this Act, even if they were caused outside the area of application of this Act.

(3) The provisions of the German Energy Industry Act shall not preclude the application of Sections 19, 20 and 29 provided that Section 111 of the German Energy Industry Act does not state otherwise.

(4) The provisions of Parts 1 to 3 of this Act shall not be applied to companies under fiduciary management, corporate actions or expropriations pursuant to Sections 17, 17a or 18 of the German Energy Security of Supply Act [Energiesicherungsgesetz]. Sentence 1 shall apply accordingly to transfers of assets pursuant to Section 17(5) sentence 2 or Section 17b of the Energy Security of Supply Act to legal persons governed by public or private law whose shares are exclusively held, directly or indirectly, by the Federal Government or Kreditanstalt für Wiederaufbau. Sentence 1 shall not apply to privatisations pursuant to Section 17b(2) sentence 3 or Section 20(3) of the Energy Security of Supply Act.

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