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Part 3 · Proceedings  ›  Chapter 4 · Civil Actions › Section 89e

Common Provisions for Sections 33g and 89b to 89d

(1) Competition authorities within the meaning of Sections 33g and 89b to 89d are

1.  the Bundeskartellamt,

2.  the supreme Land authorities competent according to the laws of the respective Land,

3.  the European Commission and

4.  the competition authorities of other Member States of the European Union.

In the context of applying Sections 33g and 89b to 89d to violations under Regulation (EU) 2022/1925, the European Commission and authorities applying the provisions mentioned in Article 1(6) of Regulation (EU) 2022/1925 are deemed competition authorities.

(2) Subsection (1) and Sections 33g, 89b to 89d shall be applicable mutatis mutandis to the enforcement of claims for damages or defence against claims for damages on account of infringements of provisions of the national law of another Member State of the European Union

1.  which predominantly pursue the same objective as Articles 101 and 102 of the Treaty on the Functioning of the European Union and

2.  which, pursuant to Article 3(1) of Council Regulation (EC) No 1/2003, are applied with regard to the same case and in parallel to the competition law of the European Union.

This shall not include national legal provisions imposing criminal sanctions on natural persons, unless such criminal sanctions serve the purpose of enforcing the competition law applicable to undertakings.

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