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Part 1 · Restraints of Competition  ›  Chapter 4 · Competition Rules › Section 26

Recognition

(1) Recognitions are issued by decision of the competition authority. The decision shall state that the competition authority will not exercise the powers conferred to it under Chapter 6.

(2) As far as a competition rule violates the prohibition under Section 1 and is not exempted pursuant to Sections 2 or 3, or violates other provisions of this Act, of the German Act Against Unfair Competition [Gesetz gegen den unlauteren Wettbewerb], or any other legal provision, the competition authority shall reject the application for recognition.

(3) Business and trade associations and professional organisations shall inform the competition authority about the repeal of recognised competition rules which have been established by them.

(4) The competition authority shall withdraw or revoke the recognition if it subsequently finds that the conditions for refusal of recognition pursuant to subsection (2) are satisfied.

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