Disgorgement of benefits by the Federal Network Agency

(1) Where an undertaking has breached a decision of the Federal Network Agency, or has, intentionally or negligently, breached a provision of this Act, and has thereby obtained an economic benefit, the Federal Network Agency may order disgorgement of the economic benefit and require the undertaking to pay a corresponding sum of money.
(2) Subsection (1) does not apply insofar as the economic benefit has been offset by damages payments, or by the imposition of regulatory fines or the ordering of confiscation of the proceeds of the offence. Insofar as the undertaking makes payments under the first sentence only after the disgorgement, the sum paid over is to be refunded to the undertaking up to the amount of the demonstrated payments.
(3) Where carrying out a disgorgement of benefits would constitute unreasonable hardship, the order should be limited to a reasonable sum of money, or should be dispensed with entirely. It should also be dispensed with where the economic benefit is minor.
(4) The amount of the economic benefit may be estimated. The sum of money to be paid over is to be quantified.