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Part 1 · Restraints of Competition  ›  Chapter 5 · Special Provisions for Certain Sectors of the Economy › Section 31b

Water Management, Duties and Powers of the Competition Authority, Sanctions

(1) Upon request, the competition authority shall furnish the following information on the agreements exempted pursuant to Section 31(1) nos 1, 2 and 4:

1.  information pursuant to Section 31a and

2.  the material content of the agreements and decisions, in particular information on the purpose, the intended measures and the term, termination, rescission and withdrawal.

(2) The competition authority shall issue any orders under this Act that relate to the public supply of water using fixed pipelines in consultation with the relevant industry supervisory authority.

(3) In cases of abuse pursuant to Section 31(4), the competition authority may

1.  oblige the undertakings concerned to end the abuse;

2.  oblige the undertakings concerned to modify the agreements or decisions; or

3.  declare the agreements and decisions invalid.

(4) In deciding on a measure pursuant to subsection (3), the competition authority shall take into account the intent and purpose of the exemption and, in particular, the aim of ensuring that supply is as reliable and reasonably priced as possible.

(5) Subsection (3) shall apply mutatis mutandis to the extent that a public water supplier holds a dominant position.

(6) Section 19 shall remain unaffected.

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