(1) Any abuse of a dominant position by one or several undertakings is prohibited.
(2) An abuse exists in particular if a dominant undertaking as a supplier or purchaser of a certain type of goods or commercial services
1. directly or indirectly impedes another undertaking in an unfair manner or directly or indirectly treats another undertaking differently from similar undertakings without any objective justification;
2. demands payment or other business terms which differ from those which would very likely arise if effective competition existed; in this context, particularly the conduct of undertakings in comparable markets where effective competition exists shall be taken into account;
3. demands less favourable payment or other business terms than the dominant undertaking demands from similar purchasers in comparable markets, unless there is an objective justification for such differentiation;
4. refuses to supply another undertaking with such a good or commercial service for adequate consideration, in particular to grant it access to data, networks or other infrastructure facilities, and if the supply or the granting of access is objectively necessary in order to operate on an upstream or downstream market and the refusal threatens to eliminate effective competition on that market, unless there is an objective justification for the refusal;
5. requests other undertakings to grant it advantages without objective justification; in this regard, account shall be taken in particular of whether the other undertaking has been given plausible reasons for the request and whether the advantage requested is proportionate to the grounds for the request.
(3) Subsection (1) in conjunction with subsection (2) nos 1 and 5 shall also apply to associations of competing undertakings within the meaning of Sections 2, 3, and 28(1), Section 30(2a) and (2b) and Section 31(1) nos 1, 2 and 4. Subsection (1) in conjunction with subsection (2) no 1 shall also apply to undertakings which engage in resale price maintenance pursuant to Section 28(2) or Section 30(1) sentence 1 or Section 31(1) no 3.