(1) Whoever intentionally or negligently commits an infringement pursuant to Section 33(1) shall be liable to pay damages for any harm arising from the infringement.
(2) There is a rebuttable presumption that a cartel results in harm. A cartel within the meaning of this Section is an agreement or concerted practice between two or more competitors aimed at coordinating their competitive behaviour on the market or influencing the relevant parameters of competition. Such agreements or concerted practices include
1. the fixing or coordination of purchase or selling prices or other trading conditions,
2. the allocation of production or sales quotas,
3. the allocation of markets and customers, including bid-rigging, restrictions on imports or exports or
4. anti-competitive actions against other competitors.
There is a rebuttable presumption that legal transactions with undertakings participating in a cartel regarding goods or services that fall within the scope of a cartel in terms of product type, time period and geographic area were covered by that cartel.
(3) Section 287 of the German Code of Civil Procedure [Zivilprozessordnung] shall apply to quantifying the harm caused by the infringement. In quantifying the harm, account may, in particular, be taken of the proportion of the profit which the infringer has derived from the infringement of subsection (1).
(4) The debtor shall pay interest on its pecuniary debts pursuant to subsection (1) from the time the harm occurred. Sections 288 and 289 sentence 1 of the German Civil Code shall apply mutatis mutandis.