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Part 1 · Restraints of Competition  ›  Chapter 5 · Special Provisions for Certain Sectors of the Economy › Section 28

Agriculture

(1) Section 1 shall not apply to agreements between agricultural producers or to agreements and decisions of associations of agricultural producers and federations of such associations which concern

1.  the production or sale of agricultural products, or

2.  the use of joint facilities for storing, treating or processing agricultural products,

provided that they do not maintain resale prices and do not exclude competition. Plant breeding and animal breeding undertakings as well as undertakings operating at the same level of business shall also be deemed to be agricultural producers.

(2) Section 1 shall not apply to vertical resale price maintenance concerning the sorting, labelling or packaging of agricultural products.

(3) Agricultural products shall be the products listed in Annex I to the Treaty on the Functioning of the European Union as well as the goods resulting from the treatment or processing of such products, insofar as they are commonly treated or processed by agricultural producers or their associations.

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