Antitrust And Competition Law Amendment Act 2012 - Kaweräg 2012

Original Language Title: Kartell- und Wettbewerbsrechts-Änderungsgesetz 2012 – KaWeRÄG 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

13. Federal Act to amend the Competition Act 2005, the Competition Act and the Federal Act against the Unfair Competition 1984 (Antitrust and Competition Law-Amendment Act 2012-KaWeRÄG 2012)

The National Council has decided:

table of contents

Article 1

Amendment of the Antitrust Act 2005

Article 2

Amendment of the Competition Act

Article 3

Amendment to the Federal Act against Unfair Competition 1984

Article 1

Amendment of the Antitrust Act 2005

The 2005 Cartel Act, BGBl. I n ° 61/2005, as last amended by the Federal Constitutional Law BGBl. I No 51/2012, shall be amended as follows:

1. The table of contents is:

" TOC

I. Main piece

Restrictions on competition

Section 1

Cartels

§ 1 . Antitrust

§ 2. Exceptions

§ 3. Exemption Regulations

Section 2

Dominance

§ 4. Definition

§ 5. Prohibition of abuse

§ 6. Prohibition of retaliatory measures

Section 3

Mergers

§ 7. Definition

§ 8. Media federations

§ 9. Confederations in need of registration

§ 10. Login

§ 11. Request for examination

§ 12. Audit

§ 13. Examination of media concentrations

§ 14. Decision deadlines

§ 15. Announcement of decisions

§ 16. Subsequent measures

§ 17. Implementing prohibition

§ 18. Authorisation

§ 19. Exceptions

Section 4

Common provisions

§ 20. Economic point of view

§ 21. Calculation of market shares

§ 22. Calculation of the sales revenue

§ 23. Certain goods or services

§ 24. Scope

§ 25. Relationship with other legislation

II. Main item

Law enforcement

Section 1

Assignment of contraventions and findings

§ 26. Abposition

§ 27. Commitments

§ 28. Findings

Section 2

Fines

§ 29. Fine-cash stocks

§ 30. Measurement

§ 31. Associations

§ 32. Introduction

§ 33. Statute of limitations

Section 3

Execution

§ 34. Execution on the basis of antitrust decisions and comparisons

§ 35. Periodic penalty payments

Section 4

Common provisions

§ 36. Application Principle

§ 37. Decision Publication

Section 5

Compensation for non-compete infringements

§ 37a. Compensation for non-compete infringements

III. Main item

Proceedings before the Cartel Court and the Cartellobercourt

§ 38. Type of procedure

§ 39. Protection of trade secrets

§ 40. Office Parties

§ 41. Cost replacement

§ 42. Text Sets

§ 43. Improvement of merger applications

§ 44. Deadlines

§ 45. Opinions of the Chambers

§ 46. Opinions of the regulators

§ 47. Negotiations

§ 48. Injunction

§ 49. Appeal procedure

IV. Main item

Fees

§ 50. Court fees

§ 51. Exclusion of fees

§ 52. Persons subject to payment

§ 53. Liability of several persons

§ 54. Setting of framework fees

§ 55. Judicial costs

§ 56. Free-of-charge comparisons

§ 57. Introduction

V. Main piece

Institutions

Section 1

Cartel Court and Cartellobercourt

§ 58. Court organization

§ 59. Composition of the Senate

§ 60. Business Distribution

§ 61. Rapporteur

§ 62. Decision by the chairman of the cartel court and by the tripartite council of the Cartellobergericht

§ 63. Voting

§ 64. Position of the expert lay judges

§ 65. Appointment

§ 66. Suitability

§ 67. Incompatibility

§ 68. Nomination

§ 69. Term of office

§ 70. Impeachment

§ 71. Reporting requirements

§ 72. Rejection of expert amateur judges

§ 73. Experts in cartel matters

§ 74. Activity report of the Cartel Court

Section 2

Bundeskartellanwalt

§ 75. Tasks

§ 76. Order

§ 77. Order requirements

§ 78. Duration and revelation

§ 79. Law on duty and remuneration

§ 80. Office and expenditure

§ 81. Cooperating with the Federal Competition Authority

§ 82. Waiver of examination applications

VI. Main item

Application of Community law

§ 83. Responsibility

§ 84. Cooperation

§ 85. Transmission of judgments

VII. Main item

Final provisions

§ 86. In-force pedals

§ 87. Out-of-Force Trees

§ 88. Antitrust Register

§ 89. Approved cartels

§ 90. Continuation of pending proceedings

§ 91. Charges for uncontinued procedures

§ 92. Retribution of appointments and entries

§ 93. Linguistic equality

§ 94. References

§ 95. Enforcement "

2. 2 (2) Z 1 reads as follows:

" 1.

Cartels involving entrepreneurs who compete with each other and share a share of not more than 10% in the relevant market, or cartels involving entrepreneurs who are not competing with each other and which have a share of not more than 15% on the relevant market, provided that, in both cases, they do not have the purpose of fixing sales prices, reducing production or selling or distributing the markets (bagatelle cartels); "

3. § 2 (2) Z 4 is repealed.

4. § 3 (1) reads:

" § 3. (1) The Federal Minister of Justice, in agreement with the Federal Minister for Economic Affairs, Family and Youth, can establish by means of a regulation that certain groups of cartels are exempt from the prohibition of cartels in accordance with § 2 (1). Such regulations may refer to the current version of a regulation in accordance with Article 101 (3) TFEU. "

5. In § 4, the following paragraph 1 is inserted after the first paragraph of paragraph 1:

"(1a) Two or more entrepreneurs are dominant in the market if there is no substantial competition between them and in their entirety they satisfy the conditions laid down in paragraph 1."

6. In Section 4 (2), the word order shall be "whole domestic market or any other local" repealed.

7. In § 4, the following paragraph 2a is inserted in accordance with the following paragraph 2:

" (2a) When a group of entrepreneurs as a provider or a supplier are in the relevant market together

1.

has a minimum of 50% and consists of three or fewer entrepreneurs; or

2.

has a minimum share of two-thirds and consists of five or fewer entrepreneurs,

the operators concerned shall have the burden of proof that the conditions laid down in paragraph 1a do not exist. '

8. § 5 (1) Z 1 reads:

" 1.

the claim for purchase or sale prices or other conditions of business which differ from those which would be likely to arise in the event of effective competition, in particular the conduct of to take account of entrepreneurs in comparable markets with effective competition, "

10. § 7 (3) is repealed.

11. In § 11, the following paragraph 1 is inserted after paragraph 1:

" (1a) The period referred to in paragraph 1 shall be extended to six weeks if the applicant desires to do so within the four-week period to be submitted to the Federal Competition Authority. The Federal Competition Authority shall immediately forward the request to the Bundeskartellanwalt (Federal Cartel Authority). An examination request shall be made to indicate the extension of the period of time after the request has been made. "

12. § 14 (1) reads:

" § 14. (1) The antitrust court may not be notified of the concentration within five months after the date of the application of the examination request or the application. of the first of two examination applications. This period shall be extended to a period of six months if the applicant so requests within the five-month period before the cartel court. After the expiry of these periods and after withdrawal of the or the examination request, the Cartel Court shall cease the examination procedure. "

13. § 18 (1) reads:

" § 18. (1) The Federal Minister for Justice, after hearing the Competition Commission, may, in agreement with the Federal Minister for Economic Affairs, Family and Youth, order by Regulation that, in the application of Section 9 (1) and (2), the revenue generated by the application of to a certain market (§ 23), to be multiplied by a certain factor. "

14. In § 28, the following paragraph 1 is inserted after the first paragraph of paragraph 1:

" (1a) A legitimate interest in the meaning of paragraph 1 shall also be provided if:

1.

the determination of an infringement is sought against an entreprent or an association of undertakings, to which the Federal Competition Authority has granted a leniency status, or

2.

the determination is sought in order to claim damages in respect of the infringement, unless the antitrust court has already issued an order for a decision against the infringement, imposing a fine or imposing a fine on the infringement Infringement has been established or proceedings have been pending. "

15. § 29 Z 1 lit. d is:

" (d)

in breach of Art. 101 or 102 TFEU; "

16. In § 29 Z 2, the stroke point after the lit. b replaced by a point and the lit. c repealed.

17. § 30 shall read with title:

" Design

§ 30. (1) In the assessment of the fine, consideration shall be given, in particular, to the seriousness and duration of the infringement, to the enrichment achieved by the infringement, to the degree of indebtion and to the economic performance.

(2) A reason for gravity is, in particular, where:

1.

the cartel court has already imposed a fine or has established such an infringement on the grounds of a similar or similar infringement against the trader or the employers ' association, or

2.

the entrepre or association of undertakings has been the originator or instigator of one of several violations of the law or of such a breach of law.

(3) A mitigating reason shall be in particular where the entrepre or association of entrepreneurs

1.

was involved in one of several violations of the law only in a minor manner,

2.

has ended the infringement on its own account, or

3.

was instrumental in the investigation of the violation of the law. "

18. In § 35, para. 1, the dot-dot after the lit. b replaced by a point and the lit. c repealed.

19. In § 36, the following paragraph 1 is inserted after the first paragraph of paragraph 1:

' (1a) A request for fines shall contain a specific reference containing the name of the businessmen or associations of undertakings concerned, together with the details of the circumstances of the infringement. In addition, the application shall include the results of the investigative procedure carried out by the requesting party, and the evidence to be found by the cartel court. If a fine is applied for at a certain level, the reasons for this shall also be justified. "

The first sentence of Article 36 (2) reads as follows:

" Only the Federal Competition Authority and the Bundeskartellanwalt (Bundeskartellanwalt) shall apply to the application for the examination of concentrations, to subsequent measures pursuant to § 16 Z 1, to a determination in accordance with Section 28 (1a) (1) and to the imposition of fines and periodic penalty payments. authorized. "

21. In § 36 (3), the reference "§ 11 para. 3 WettbG" by reference "§ 11 para. 3 and 4 WettbG" replaced .

22. § 37 together with headline:

" Decision Publication

§ 37. (1) The antitrust court has legally binding decisions concerning the removal of an infringement, the determination of an infringement, the imposition of a fine, or requests pursuant to § § 11 and 16 by inclusion in the edicts file (§ 89j GOG). The publication shall be made with an indication of the parties concerned and of the essential content of the decision, including the penalties imposed. It must take account of the legitimate interest of undertakings in the protection of their business secrets. If the decision of the Cartel Court has been amended by a decision of the Court of Cartel Court, the decision of the Court of Cartel Court shall be published.

(2) The Cartel Court shall give the parties an opportunity to refer to the parts of the decision which they wish to remove from publication. It shall decide on the text of the decision to be published by decision of the chairman. "

23. According to § 37, a

" 5. Section

Damages due to competition violations "

and the following § 37a and heading are inserted:

" Damages due to competition violations

§ 37a. (1) Anyone who culpably commits an infringement in accordance with § 29 Z 1 shall be obliged to compensate for the damage resulting therefrom. If a product or service is received at an inflated price, the claim for damages is not excluded because the goods or services have been sold further. In the case of the decision on the extent of the damage pursuant to § 273 ZPO, the advantage which the company has acquired through the infringement can in particular be taken into consideration. The damages claim has to be galvanissed by the company from the occurrence of the damage in a reasonable application of § 1333 ABGB.

(2) A dispute concerning a claim referred to in paragraph 1 may be interrupted up to the execution of proceedings by the Cartel Court, the Commission of the European Union or a competition authority within the meaning of Regulation (EC) No 1/2003 on the infringement .

(3) A civil court is in accordance with a decision taken in a final decision of the Cartel Court, the Commission of the European Union or a competition authority within the meaning of Regulation (EC) No 1/2003, that a company is the one in the Decision infringed illegal and culpable committed, committed.

(4) The limitation period of a claim for damages pursuant to paragraph 1 shall be inhibited for the duration of a procedure directed at a decision in the meaning of the third paragraph. The inhibition shall end six months after the final decision or any other termination of the proceedings initiated. "

Section 39 (1) reads as follows:

" (1) Several procedures may not be linked if it gives a party access to commercial and operational secrets, on the disclosure of which it would otherwise not be entitled, unless the person who is involved in non-proliferation is not entitled to legitimate interest, the connection agrees. "

25. The following sentence is added to Article 47 (1):

"Regulators shall remain permitted to enter, despite exclusion from the public, even if they do not have a party position in the proceedings."

Section 49 (2) reads as follows:

" (2) The repayment period against final decisions is four weeks, the repayment period against interim injunctions, decisions pursuant to § 37 para. 2 or interim dismissal fourteen days. The other parties may submit a reply within the same period after the delivery of the recurse. "

27. § 50 reads:

" § 50. In proceedings before the Cartel Court and the Cartel Court, the following court fees shall be payable:

1.

for a procedure for the examination of a concentration (§ 11), a framework fee of up to 34,000 Euro;

2.

a framework fee of up to 34,000 euros for a procedure for the assignment of an infringement (Sections 26, 27 and 28 (1));

3.

a framework fee of up to EUR 17,000 for a procedure on findings (section 28 (2));

4.

for a procedure for the imposition of a fine which is not connected to a procedure after Z 2, and for the procedure for the levy (§ 111 TKG 2003, § 56 PMG) a frame fee of up to 34,000 Euro;

5.

a framework fee of up to 8,500 euros for a procedure for the imposition of penalty payments (§ 35) and in procedures for house searches;

6.

for other procedures, a framework fee of up to 34,000 Euro. "

28. In § 52 (2), the expression "§ 50 Z 2 to 5" by the expression "§ 50 Z 2 to 6" replaced.

29. In Section 70 (2), the law shall be "RDG" on "RStDG" changed.

30. In § 73 (1), the second sentence reads:

" § 5 of the Expert and Interpreting Act is to be applied. "

31. In § 74, the last sentence is repealed.

32. In § 81 (1) the last sentence is repealed.

33. § 83 with headline reads:

" Jurisdiction

§ 83. (1) With respect to the application of Articles 101 and 102 TFEU and of the competition rules adopted pursuant to Articles 42 and 43 TFEU in individual cases, the competent competition authority shall, in accordance with Regulation (EC) No 1/2003, be responsible for implementing the rules of the type in question. 81 and 82 of the Treaty, OJ L 136, 31.7.2001, p. No. OJ L 1, 4.1.2003, p. 1 (Regulation 1/2003),

1.

the antitrust court for the authorisation of decisions;

2.

without prejudice to Article 3 (1) of the German Federal Cartel Prosecutor's Act (Bundeskartellanwalt) for the application to the Cartel Court.

(2) In the application of Articles 101 and 102 TFEU and of the competition rules adopted pursuant to Articles 42 and 43 TFEU, the Cartel Court and the Bundeskartellanwalt shall apply the procedural rules of this Act. "

34. The title of § 86 reads as follows:

"Entry into force"

35. The following paragraphs 3 and 4 are added to § 86:

" (3) § 2 para. 2 Z 1, § 3 para. 1, § 4 para. 1a, 2 and 2a, § 5 paragraph 1 Z 1, § 11 paragraph 1a, § 14 para. 1, § 18 para. 1, § 28 para. 1a, § 29 Z 1 lit. d and Z 2, § § 30, 35 para. 1, § 36 para. 1a, 2 and 3, § § 37, 37a, 39 para. 1, § 47 para. 1, § 49 para. 2, § § 50, 52 para. 2, § 70 para. 2, § 73 para. 1, § 74, § 81 para. 1 and § 83 in the version of the Federal Law BGBl. I n ° 13/2013 will enter into force on 1 March 2013. Section 2 (2) (2) (4) and (3) (3) shall be repeal with effect from 28 February 2013.

(4) § 2 para. 2 Z 1 in the version of the Federal Law BGBl. I n ° 13/2013 shall apply to cartels which are formed after 28 February 2013. § 4 (1a), (2) and (2a), Section 5 (1) (1) (1), as amended by the Federal Law BGBl. I No 13/2013 shall apply to acts which are committed after 28 February 2013. § 28 (1a), § 36 (1a) and (2), § § 37, 39 (1), § 49 (2), § § 50, 52 (2), as amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 13/2013 shall apply to proceedings in which the application for proceedings is submitted after 28 February 2013. § § 30 and 37a in the version of the Federal Law BGBl. I No 13/2013 shall apply to infringements of competition committed after 28 February 2013. "

Article 2

Amendment of the Competition Act

The Competition Act, BGBl. I n ° 62/2002, last amended by BGBl. I n ° 111/2010, is amended as follows:

1. In Section 1 (1), the term " "Federal Ministry of Economics and Labour" by the term "Federal Ministry of Economic Affairs, Family and Youth" and in lit. b the word "Community law" by the word "Union law" replaced.

2. § 2 (1) Z 6 to 8 reads:

" 6.

Application in accordance with Section 7 (2) of the German Federal Law for the Improvement of Proximity and the Conditions of Competition,

7.

Assertion of injunction claims in accordance with Section 14 (1) of the Federal Act against the Unfair Competition 1984-UWG, whereby § § 11 to 14 WettbG do not apply, and

8.

Implementation of a competition monitoring system, in particular on the development of competition intensity in individual economic activities or markets relevant to competition. "

3. In § 2 para. 4, the term " "Federal Minister for Economic Affairs and Labour" by the term "Federal Minister for Economic Affairs, Family and Youth" replaced.

4. In Section 3 (2), the word "Community law" by the word "Union law", the phrase " Art. 81 to 86 EC " through the phrase " Art. 101 to 106 TFEU " and the term "Federal Minister for Economic Affairs and Labour" by the term "Federal Minister for Economic Affairs, Family and Youth" replaced.

5. In Section 4 (1), the phrase " Art. 81 to 86 EC " through the phrase " Art. 101 to 106 TFEU " replaced, and after the word "Decisions" the phrase 'and the competition rules adopted pursuant to Articles 42 and 43 of the TFEU' inserted .

6. § 4 (1) Z 3 reads:

" 3.

Regulation (EU) No 261/2012 of the European Parliament and of the Council of 14 March 2012 amending Council Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products sector, OJ L 327, 31.12.2012, p. No. OJ L 94, 30.3.2012 p. 38.

7. In § 5, the word order shall be " Art. Article 86 (3) EC " through the phrase " Art. Article 106 (3) TFEU " replaced.

8. In § 10 (1) the word "Community law" by the word "Union Legal" replaced.

9. In § 10b, paragraph 3 is deleted.

10. § 11 (3) to (6) reads:

" (3) The Federal Competition Authority may refrain from applying for the imposition of a fine against employers or associations of undertakings which:

1.

a)

provide the Federal Competition Authority as the first information and evidence to enable it to submit a reasoned request pursuant to section 12 (1) of the TFEU directly on suspicion of an infringement of § 1 KartG 2005 or Art. 101 (1) TFEU , or

b)

the Federal Competition Authority, provided that it already has sufficient information and evidence from other sources to request a site search, as the first to provide additional information and evidence to enable it to: directly submit a reasoned request to the Cartel Court in accordance with Section 36 (1a) of the KartG 2005,

2.

have ceased their participation in the infringement,

3.

as a result, cooperate fully and expeditiously with the Federal Competition Authority for the purpose of fully clarifying the facts of the case and all evidence of the alleged infringement in its possession or to which they have access, and

4.

have not forced other entrepreneurs or associations of undertakings to participate in the infringement.

(4) Against entrepreneurs or associations of undertakings which meet the conditions laid down in paragraph 3 (1) (1) (1). a or b do not comply, the Federal Competition Authority may apply for a reduced fine if the other conditions are fulfilled (Z 2 to 4). In order to be eligible for a reduction in the fine, the Federal Competition Authority must be provided with information and evidence for the alleged infringement, which is contrary to the information already in its possession and Evidence is a significant added value. In determining the extent of the reduction in question, the date of submission of the additional information and evidence, as well as the extent of the added value, must be taken into account in relation to the information already known.

(5) The Federal Competition Authority shall set out its practice in the implementation of (3) and (4) in a manual. In any case, it should be explained in which cases of § 1 KartG 2005 and Article 101 (1) TFEU a revelation by a leniency programme is particularly conducive, which information is to be at least to be attached to a house search , which obligations shall include cooperation with the Federal Competition Authority, the conditions under which they apply for a reduced fine, and the extent to which such reduction is carried out. The manual is to be published on the website of the Federal Competition Authority.

(6) If an entreptier or an association of entrepreneurs is entitled to claim (3) or (4), the Federal Competition Authority shall, on request, announce in a non-binding notification whether it will make use of these paragraphs. The Federal Competition Authority has to notify the Bundeskartellanwalt if it intends to apply for no or a reduced fine. "

11. The text of the previous § 11 para. 6 receives the sales designation "(7)" .

12. § 11a (1) (3) is:

" 3.

require, on the spot, all information necessary for the conduct of investigations, and to request explanations of facts or documents from all representatives or employees of the company or of the association of undertakings, which are related to the subject matter and purpose of the investigation. "

13. § 11a (3) reads:

" (3) The provision of information and the submission of documents referred to in paragraph 1 may also be communicated with the application of the AVG. An appeal against this communication does not have any suspensive effect. On request, the suspensive effect shall be recognised by the appeal authority within two weeks of the submission of the appeal, if it is justified in consideration of all the interests involved. "

(14) The following paragraphs 4 to 9 shall be added to Article 11a:

" (4) The Federal Competition Authority shall be responsible for the enforcement of the authority issued by it, with the exception of the administrative penalties. The Act of Administrative Enforcement in 1991-VVG, BGBl. No 53/1991, with the proviso that the compulsory means under Article 5 (3) of the VVG do not apply to the maximum amount of 5% of the average daily turnover in the preceding financial year for each day of the move from the date specified in the communication to the must be exceeded.

(5) Anyone who does not provide any, incorrect, misleading or incomplete information contrary to a communication pursuant to paragraph 3 shall be subject to an administrative surrender and shall be punished by the Federal Competition Authority with a fine of up to EUR 75 000. An administrative surrender which is punishable by up to EUR 25 000 shall be subject to incorrect or misleading information in the information provided in accordance with paragraph 2. The following applies to the Administrative Code Act 1991-VStG, BGBl. No 52/1991.

(6) The appeal to the Independent Administrative Senate of Vienna shall be admissible against the proceedings of the Federal Competition Authority pursuant to para. 3 to 5.

(7) The Federal Competition Authority may lodge an appeal to the Administrative Court against decisions of the Independent Administrative Council on appeals against their complaint for illegality.

(8) If the granting of information or the presentation of documents must be made for the purpose of an investigation pursuant to Article 2 (1) (3) (3), the application of paragraph 3 shall, in any case, make a request to proceed in accordance with paragraph 2.

(9) Competition monitoring in accordance with § 2 (1) Z 8 shall be carried out solely on the basis of publicly available data. "

15. In Section 12 (1), the phrase " Art. 81 or 82 EGV " through the phrase " Art. 101 or 102 TFEU " replaced.

16. § 12 (4) reads:

" (4) When carrying out the house search, a sticking up, harassment and disturbance shall be limited to the unavoidable measure. The property rights and personal rights of the person in which the house search is made (person concerned) shall be preserved as far as possible. The Federal Competition Authority has to record a protocol on the site search and inform the Cartel Court about it. The person concerned shall have the right to be present at the search and to grant a person of his or her trust. The Federal Competition Authority shall have the powers referred to in Article 11a (1) (2) and (3) in the case of house searches. The Federal Competition Authority shall have the power to seal all premises for the duration of the house search in the extent necessary for this purpose and to take evidence in the case where this is necessary in order to ensure the success of the investigation. "

Article 12 (5) reads as follows:

" (5) Immediately before a house search arranged on the basis of para. 1, the person concerned (para. 4) to interview the requirements of the house search, unless this would endanger the success of the investigation because of danger in the event of a default. In the course of the examination of documents, irrespective of the form in which they are available, he shall object to the inspection of certain documents or their seizure, referred to individually, or their seizure, on the basis of an appropriate legal basis for their consideration. Duty of secrecy or any right to refuse the statement in accordance with § 157 (1) (2) to (5) of the StPO (StPO), these documents shall be secured against unauthorised inspection or alteration in a suitable manner and shall be subject to the They must not be brought before the Court of Cartel. The cartel court has to review the documents and decide, by decision of the Senate Chairman, whether and to what extent they may be viewed and made copies and extracts from it, or to the person concerned (paragraph 1). 4). This decision shall be exclusively open to the appeal of the recurrce. "

18. The following paragraph 6 is added to § 12:

" (6) If a designation of individual documents is not possible in the course of the search for the house, because this would be delayed in a disproportionate way, then at the request of the person concerned (paragraph 1). 4) to secure the categories of documents in a suitable manner against unauthorised inspection and to deposit them separately from the investigating act with the Federal Competition Authority. The person concerned (para. 4) shall be requested by the Federal Competition Authority to designate the documents individually within a period of at least two weeks to be set by the Federal Competition Authority. For this purpose, he is entitled to inspect the documents filed. If it leaves the name of individual documents in due time, the documents will form part of the Federal Competition Authority's investigation act. As regards the documents referred to individually, the procedure referred to in paragraph 5 shall be taken. "

19. The text of the previous § 14 receives the sales designation "(1)" and the expression "(§ § 11 and 12)" is expressed by the expression "(§ § 11a and 12)" replaced.

20. The following para. 2 and 3 are added to § 14:

" (2) Within the framework of a house search by the Federal Competition Authority, the institutions of the public security service which are assisting in accordance with paragraph 1 shall also be authorized to the Federal Competition Authority by securing documents in electronic form. support.

(3) Criminal Investigation, Public Prosecutor's Office and Courts shall be entitled to provide the Federal Competition Authority with information on personal data determined in accordance with the Code of Criminal Procedure, which shall be responsible for the performance of their legal tasks, in particular: the enforcement of the antitrust prohibition according to § 1 KartG 2005 and Art. 101 TFEU, are relevant. "

21. In § 16 (2) the word order is deleted "or who cartel authorised representative" .

22. In § 17 (1) the word order is deleted "at the Cartel Court" .

23. § 20 (2) reads:

" (2) Unless otherwise provided in this Federal Act, the Federal Competition Authority shall, in the cases in which it is responsible for the discharge, be in the supreme authority and shall not be subject to the waiver or removal of such a decision. Administrative amendment. "

24. The heading to § 21 shall be replaced by the following heading:

"Entry into force"

25. The following paragraphs 3, 4 and 5 are added to § 21:

" (3) § 11 (3) to (5) shall also apply to facts which are prior to the 1. Jänner 2006 was realized and the suspicion of an infringement against § 18 KartG 1988, BGBl. No 600/1988.

(4) The order of a house search pursuant to Section 12 (1) also has the existence of a reasonable suspicion of an infringement against § § 18 and 35 KartG 1988, BGBl. No 600/1988, on the facts before the 1. January 2006 is to be carried out.

(5) § 1 (1) and § 1 (1) (b), § 2 (1) Z 6 to 8, § 2 (4), § 3 (2), § 4 (1) and § 4 (1) Z 3, § 5, § 10 (1), § 10b (1) and (2), § 11 (3) to (7), § 11a (1) (3), § 11a (3) to (9) § 12 (1), § 12 (4) to (6), § 14 (1) up to 3, § 16 (2), section 17 (1), § 20 (2), the title of § 21 and § 21 (3) to (5) in the version of the Federal Law BGBl. I n ° 13/2013 will enter into force on 1 March 2013. "

Article 3

Amendment to the Federal Act against Unfair Competition 1984

The Federal Act against the Unfair Competition-UWG, BGBl. No 444/1984, as last amended by BGBl. I No 79/2007, as amended:

1. § 9a and its title shall not apply.

2. In § 14 (1), the first sentence shall be deleted after the expression: "3," the expression "9a," and in the second sentence, after the expression "2a", the expression ", 9a" is omitted.

3. In § 18, after the expression "9," the expression ", 9a," .

4. In § 21 (1), after the expression "7" the paint removed and the word "and" inserted. After the expression "9" the expression "and 9a" .

5. The following paragraph 8 is added to § 44:

" (8) § 9a together with its title in the version of the Federal Law BGBl. I No 13/2013 shall not enter into force with the day following the event. § 14 (1), § 18, § 21 (1) and Z 6 of the Annex in the version of the Federal Law BGBl. I No 13/2013 shall enter into force with the day following the event. "

6. In the appendix, Z 6 is lit. c by the word "Instance" a paragraph inserted.

Fischer

Faymann