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Part 1 · Restraints of Competition  ›  Division 1 · Powers of the Competition Authorities › Section 32

Termination and Subsequent Declaration of Infringements

(1) The competition authority may oblige undertakings or associations of undertakings to terminate an infringement of a provision of this Part or of Articles 101 or 102 of the Treaty on the Functioning of the European Union.

(2) For this purpose, it may require them to take all necessary behavioural or structural remedies that are proportionate to the infringement identified and necessary to bring the infringement effectively to an end. Structural remedies may be imposed only if there is no behavioural remedy which would be equally effective, or if the behavioural remedy would entail a greater burden for the undertakings concerned than the structural remedies.

(2a) In its order to terminate the infringement, the competition authority may order reimbursement of the benefits generated through the infringement. The amount of interest that is included in these benefits may be estimated. After expiry of the time limit for reimbursement of the benefits set in the order to terminate the infringement, the benefits generated up to such date shall bear interest in accordance with Section 288(1) sentence 2 and Section 289 sentence 1 of the German Civil Code.

(3) To the extent that a legitimate interest exists, the competition authority may also declare that an infringement has been committed after the infringement has been terminated.

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