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Part 3 · Proceedings  ›  Division 1 · Provisions Concerning Administrative Fines › Section 81

Offences Giving Rise to Administrative Fines

(1) An administrative offence is committed by whoever violates the Treaty on the Functioning of the European Union in the version published on 9 May 2008 (OJ no C 115 of 9 May 2008, p. 47), by intentionally or negligently

1.  reaching an agreement, making a decision or engaging in concerted practices contrary to Article 101(1) or

2.  abusing a dominant position contrary to Article 102 sentence 1.

(2) An administrative offence is committed by whoever intentionally or negligently

1.  violates a provision under Sections 1, 19, 20(1) to (3) sentence 1, Section 20(3a) or (5), Section 21(3) or (4), Section 29 sentence 1 or Section 41(1) sentence 1 concerning the prohibition of an agreement referred to in such provision, of a decision referred to in such provision, of a concerted practice, of an abuse of a dominant position, of an abuse of a market position or of superior market power, of an unfair hindrance or differential treatment, of the refusal to admit an undertaking, of the exercise of coercion, of the infliction of an economic disadvantage or of the implementation of a concentration,

2.  acts contrary to an enforceable order pursuant to

a)  Section 19a(2), Section 30(3), Section 31b(3) nos 1 and 3, Section 32(1), Section 32a(1), Section 32b(1) sentence 1, Section 32f(3) sentence 6 or subsection (4) sentence 1, Section 41(4) no 2, also in conjunction with Section 40(3a) sentence 2, also in conjunction with Section 41(2) sentence 3 or Section 42(2) sentence 2, or Section 60 or

b)  Section 39(5) or

c)  Section 47d(1) sentence 2 in conjunction with a statutory instrument pursuant to Section 47f no 1 or

d)  Section 47d(1) sentence 5 first half of the sentence in conjunction with a statutory instrument pursuant to Section 47f no 2,

3.  contrary to Section 39(1) fails to file a notification of a concentration correctly or completely,

4.  contrary to Section 39(6) fails to file a notification or to file a notification correctly or completely or in time,

5.  acts contrary to an enforceable obligation pursuant to Section 40(3) sentence 1 or Section 42(2) sentence 1,

5a.  acts contrary to a statutory instrument pursuant to Section 47f no 3(a), (b) or (c) or an enforceable order based on such a statutory instrument, to the extent that the statutory instrument refers to this fine provision for a specific offence,

5b.  contrary to Section 47k(2) sentence 1, also in conjunction with sentence 2 and in each case in conjunction with a statutory instrument pursuant to Section 47k(8) sentence 1 no 1 or 2, fails to communicate any of the changes or quantities referred to in Section 47k(2) sentence 1 or communicate such change correctly or completely or in time, or

6.  contrary to Section 59(2) or (4), also in conjunction with Section 47d(1) sentence 1, Section 47k(7) or Section 82b(1), fails to respond to a request for information or to respond to such request correctly or completely or in time, or fails to surrender documents or to surrender documents completely or in time, or

7.  contrary to Section 59(1) sentence 8, also in conjunction with Section 82b(1), fails to appear for questioning, or

8.  contrary to Section 59a(2), also in conjunction with Section 47d(1) sentence 1 and Section 47k(7), fails to present business documents for inspection and examination or to present them completely or in time, or does not tolerate the examination of business documents or access to offices and business premises, or

9.  contrary to Section 59b(5) sentence 2, also in connection with Section 82b(1), does not tolerate a search of offices or premises or objects used for business purposes, or

10.  breaks any seal that has been affixed by officials of the competition authority or by any accompanying individual authorised or appointed by such officials pursuant to Section 59b(3) sentence 1 no 2, also in conjunction with Section 82b(1), or

11.  fails to comply with a request pursuant to Section 59b(3) sentence 1 no 3, also in conjunction with Section 82b(1), or fails to comply with such request correctly or completely or in time.

(3) An administrative offence is committed by whoever

1.  contrary to Section 21(1), requests a refusal to supply or purchase,

2.  contrary to Section 21(2), threatens or causes a disadvantage or promises or grants an advantage, or

3.  contrary to Section 24(4) sentence 3 or Section 39(3) sentence 5, provides or uses information.

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