(1) Agreements between undertakings, decisions by associations of undertakings or concerted practices which contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which do not
1. impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives, or
2. afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question
shall be exempted from the prohibition under Section 1.
(2) For the application of subsection (1), the Regulations of the Council or the European Commission on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of agreements, decisions by associations of undertakings and concerted practices (block exemption regulations) shall apply mutatis mutandis. This shall also apply where the agreements, decisions and practices mentioned therein are not capable of affecting trade between the Member States of the European Union.