(1) In derogation of Section 33a(1), undertakings or natural persons participating in a cartel that have received immunity from fines under a leniency programme (immunity recipient) shall be liable only for the harm caused to their own direct or indirect purchasers or providers. The immunity recipient shall be liable only for the harm suffered by other injured parties as a result of an infringement under Section 33a(1) where these are unable to obtain full compensation from the other infringers.
(2) In cases under subsection (1) sentence 2, the immunity recipient shall not be liable for the harm caused where the limitation period for damages claims against the other infringers has already expired.
(3) The other infringers may recover compensation under Section 33d(2) from the immunity recipient only up to the amount of harm the immunity recipient caused to its own direct or indirect purchasers or providers. This limitation shall not apply to compensation of harm caused to parties other than the direct or indirect purchasers or providers of the undertakings participating in the cartel.