(1) The provisions of this Act may also be applied to agreements between undertakings, decisions by associations of undertakings or concerted practices within the meaning of Article 101(1) of the Treaty on the Functioning of the European Union which may affect trade between the Member States of the European Union within the meaning of that provision. In that case, Article 101 of the Treaty on the Functioning of the European Union shall apply besides the provisions of this Act pursuant to Article 3(1) sentence 1 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ EC 2003 No L 1, p. 1).
(2) Pursuant to Article 3(2) sentence 1 of Regulation (EC) No 1/2003, the application of the provisions of this Act may not lead to the prohibition of agreements between undertakings, decisions by associations of undertakings or concerted practices which may affect trade between Member States of the European Union but
1. which do not restrict competition within the meaning of Article 101(1) of the Treaty on the Functioning of the European Union, or
2. which fulfil the conditions of Article 101(3) of the Treaty on the Functioning of the European Union, or
3. which are covered by a regulation regarding the application of Article 101(3) of the Treaty on the Functioning of the European Union.
The provisions under Chapter 2 shall remain unaffected. In other cases, the primacy of Article 101 of the Treaty on the Functioning of the European Union shall be determined by the relevant provisions under European Union law.
(3) The provisions of this Act may also be applied to practices which constitute an abuse prohibited under Article 102 of the Treaty on the Functioning of the European Union. In that case, Article 102 of the Treaty on the Functioning of the European Union shall apply besides the provisions of this Act pursuant to Article 3(1) sentence 2 of Regulation (EC) No 1/2003. The application of stricter provisions of this Act shall remain unaffected.
(4) Without prejudice to European Union law, subsections (1) to (3) do not apply to the extent that provisions concerning the control of concentrations are applied. Provisions that predominantly pursue an objective different from that pursued by Articles 101 and 102 of the Treaty on the Functioning of the European Union shall not be affected by the provisions of this Chapter.