Antitrust And Competition Law Amendment Act 2012 - Kaweräg 2012

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

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13 federal law, the 1984 change the competition act of 2005, the competition act and the Federal Act against unfair competition (antitrust and competition law amendment Act 2012 - KaWeRÄG 2012)

The National Council has decided:

Table of contents article 1 amendment of the Competition Act 2005 article 2 amendment to the competition act article 3 amendment of the Federal Act against unfair competition 1984 article 1

Amendment of the competition act of 2005

The competition act of 2005, Federal Law Gazette I no. 61/2005, amended by the Federal Constitution Act, Federal Law Gazette I no. 51/2012, is amended as follows:

1. the table of contents is as follows:

"Table of contents

I. main piece

Restrictions of competition

1 section

Cartels § 1 prohibition section 2. exceptions § 3. exemption regulations 2 section

Market dominance § 4. term of § 5 prohibition of abuse § 6 prohibition of retaliatory measures 3. section

Mergers § 7 definition § 8 media concentrations § 9 Anmeldebedürftige mergers § 10 registration § 11 request for examination § 12 check § 13 examination of media mergers § 14 decision deadlines § 15 notices of decisions § 16 subsequent measures § 17 standstill obligation § 18 authority to issue regulations § 19 exceptions 4 section

Common provisions article 20. Economic approach § 21 calculation of market shares § 22 calculation of revenues section 23. Certain goods or services § 24 scope article 25 relationship with other legal provisions II. main piece

Law enforcement

1 section

Termination of infringements and findings § 26 termination § 27 commitments § 28 findings 2nd section

Fines § 29 fine facts § 30 rated § 31 entrepreneurs associations § 32. Introduction § 3. 33. limitation section

Execution section 34 execution due to Antitrust Court decisions and comparisons § 35. periodic penalty payments 4 section

Common provisions § 36. principle of application § 37. decision publication 5 section

Damages for antitrust infringements § 37a. Claims for damages for breaches of competition III. main piece

Proceedings in front of the cartel and the cartel Court § 38. type of procedure § 39. protection of trade secrets § 40. Office parties § 41. reimbursement of costs § 42. pleadings § 43. improvement of merger applications § 44. periods § 45. opinions of the Chambers § 46. opinions of regulators § 47. negotiations § 48. injunctions § 49. appeal procedures IV. main piece

Fees § 50th court fees § 51. exclusion of fees § 52. debtor persons § 53. liability of several persons § 54. setting the context fees § 55. legal costs § 56. fee waivers by comparing § 57. introduction V. main piece


1 section

Cartel and Antitrust Court § 58. organisation of Justice § 59. composition of the Senate § 60. business distribution § 61. Rapporteur § 62. decision by the Chairman of the cartel Court and by the three Senate of the cartel Court § 63. vote § 64. position of the competent magistrates § 65. appointment § 66. suitability § 67. incompatibility § 68. nomination § 69. term § 70. removal from Office § 71. reporting obligations § 72. rejection of specialized magistrates § 73. experts in antitrust matters § 74. activity report of the cartel Court 2. section

Federal cartel prosecutor § 75. tasks § 76. order § 77. order conditions § 78. functional life and retirement section 79 service and pay legislation § 80. firm shops and spending § 81. interaction with the Federal competition authority § 82. disclaimer on testing applications VI. main piece

Application of Community law § 83. jurisdiction § 84. cooperation § 85. transmission of judgments VII. main piece

"Final provisions § 86. in force § 87. except force § 88. cartel register § 89. approved cartels § 90. continuation pending proceedings § 91. charges for discontinued procedure § 92. continuing validity of appointments and enlistments § 93. linguistic equal treatment § 94. references § 95. enforcement" 2. § 2 para 2 No. 1 is: "1 cartels, which contractors are involved, which are to each other in the competition and together have a share of no more than 10% on the relevant market ", or cartels, where entrepreneurs are involved, which are in competition with each other and which each have a share of no more than 15% on the relevant market, if they have as their object the fixing of sales prices, limiting production or sales nor the markets in both cases (Bagatellkartelle);"

3. § 2 para 2 No. 4 is repealed.

4. paragraph 3 section 1:

"§ 3 (1) the Federal Minister for Justice family and youth to determine in consultation with the Federal Minister for Economic Affairs, by regulation, that certain groups of cartels according to § 2 para 1 of the prohibition are excluded. In such regulations paragraph 3 can be referenced on the applicable version of a regulation under article 101 TFEU."

5. in section 4, paragraph 1 the following paragraph 1a is inserted:

(1a) two or more entrepreneurs "are dominant in the market, if not is a major competition between them and they meet the requirements of paragraph 1 in its entirety."

6. in section 4, paragraph 2, the phrase "Domestic market as a whole or any other locally" is repealed.

7. in section 4, paragraph 2 the following paragraph 2a is inserted:

"(2a) If a group of entrepreneurs as suppliers or buyers on the relevant market together 1 has a share of at least 50% and consists of three or fewer entrepreneurs or 2 has a share of at least two-thirds and consists of five or fewer entrepreneurs, then the burden involved businessmen, that the conditions do not exist according to paragraph 1a."

8 § 5 para 1 subpara 1 is: "1 the claim after purchase or selling prices or other terms and conditions that differ from those that were arising when effective competition with a high probability, taking into account in particular the behaviors of entrepreneurs in comparable markets with effective competition," 10 § 7 para 3 is set aside.

11. in article 11, paragraph 1 the following paragraph 1a is inserted:

"(1a) the time limit referred to in paragraph 1 is extended to six weeks, if this the applicant desires within the four-week period to the Federal competition authority. The Federal competition authority has to forward the desire immediately to the Federal Cartel Attorney. In a request for examination is to indicate the extension port of desire."

12 paragraph 14 paragraph 1:

"Section 14 (1) the cartel court may prohibit the merger only within five months after the receipt of the request for examination, or of the first of two test applications. This period shall be extended to six months, if this the applicant desires within the five-month period compared to the cartel Court. After expiry of these deadlines, and after withdrawal the cartel has the testing applications to set the examination procedure."

13 paragraph 18 paragraph 1:

"Section 18 (1) the Federal Minister for Justice may order after consultation with the competition Commission in agreement with the Federal Minister of economy, family and youth by regulation, that the application of § 9 para 1 and 2 revenue, obtained on a given market (article 23) be multiplied by a certain factor is."

14. in paragraph 28, after paragraph 1 of the following paragraph 1a is inserted:

"(1a) a legitimate interest within the meaning of paragraph 1 exists also, if 1 the finding of an infringement of an entrepreneur or an entrepreneur Association is sought, or recognized to the Federal competition authority of key witness status, or 2. the determination is requested to claim damages for the infringement, except that the cartel against the infringement already taken a secondment decision ", so a fine imposed or established the infringement or a procedure on this style is pending."

15 § 29 subpara 1 lit. d: "d) Article 101 or article 102 TFEU violated;"

16. in section 29 Z 2 be the semicolon after the lit. (b) is replaced by a dot and it lit. c is repealed.

17 30 paragraph with heading:


Section 30 (1) in determining the amount of the fine is especially on the gravity and the duration of the infringement, on the enrichment obtained through the violation of rights, to be taken into account the degree of culpability and the economic performance.

(2) an aggravating is it in particular, if 1.

the cartel against the contractor or the entrepreneur Association due to a similar or similar infringement imposed a fine or has established such an infringement, or 2. the entrepreneur or the entrepreneur Association as authors or instigators of an infringement committed by several or violation of rights has been leader involved in.

(3) mitigating reason is particularly if the entrepreneur or the entrepreneur Association 1 of an infringement committed by several only in subordinate way was involved in, 2. has terminated the infringement of his or 3. contribution to the enlightenment of the infringement has contributed."

18. in article 35, paragraph 1, of the semicolon are according to the lit. (b) is replaced by a dot and it lit. c is repealed.

19. in section 36, after paragraph 1 of the following paragraph 1a is inserted:

"(1a) an application for imposition of fines has to contain a specific desire that contains the label of the prosecuted businessman or entrepreneur associations, as well as information about the circumstances of the offence. To summarize the results of the investigation carried out by the applicant official party in the application and to lead evidence, that should be included by the cartel are also. Applied a certain fine, also this is justified."

20 § 36 para 2 first sentence reads:

"To the request for examination of mergers, on subsequent measures according to section 16 Z 1, for a declaration under section 28 § 1a No. 1 on imposition of fines and periodic penalty payments are only the Federal competition authority and the Federal Cartel Prosecutor is entitled."

21. in article 36, paragraph 3, the reference is "§ 11 ABS. 3 WettbG" the reference "article 11 par. 3 and 4 WettbG" replaced.

22 § 37 including heading is as follows:

"Publication of the decision

37. (1) the cartel Court has to publish final decisions on the termination of an infringement, the finding of an infringement, the imposition of a fine or on applications for the sections 11 and 16 by inclusion in the edict file (§ 89j GOG). The publication takes place, indicating the parties and the main content of the decision including the sanctions imposed. She must take account of a legitimate interest of the companies to protect their trade secrets. The cartel Court's decision was modified by a decision of the cartel Court is so to publish the decision of the Antitrust Court.

(2) the cartel has to give the parties an opportunity to describe the parts of the decision, that want to exclude from the publication. It has to decide on the version specific to publish the decision by decision of the Chairman."

23. under section 37 are a

"Article 5

Damages for violations"

and insert the following article 37a together with heading:

"Damages for violations

§ 37a. (1) a person who culpably commits a breach of the law No. 1 according to § 29, is obliged to compensate of the damage resulting. Related goods or services at an inflated price, the claim for damages is not excluded, because the product or service was sold. In determining the amount of damages under paragraph, especially the advantage the company has gained through the breach, can be considered 273 ZPO. The claim has to be payable on the company from the occurrence of the damage by way of analogous application of § 1333 ABGB.

(2) a dispute of a claim referred to in paragraph 1 may be interrupted until the completion of proceedings of the Court of the cartel, the Commission of the European Union or a competition authority in the sense of Regulation (EC) No. 1/2003 on the violation.

(3) a civil court is one in a final decision of the Antitrust Court, Commission of the European Union or a competition authority in the sense of Regulation (EC) No 1 / 2003 made determination that a company unlawfully and culpably committed has the infringement of rights stated in the decision, bound.

(4) the limitation period for a claim for damages referred to in paragraph 1 is suspended for the duration of a procedure aimed at a decision within the meaning of paragraph 3. The suspension ends after the final decision or other termination of the proceedings initiated. six months"

24 § 39 para 1 is as follows:

"(1) several procedures may be joined if this a party get access to business and operating secrets whose disclosure she otherwise would not be entitled, except that the person who has a legitimate interest in non-proliferation, would agree to the connection."

25 § 47 para 1 the following sentence is added:

"Access despite exclusion remains even allows the public regulators, if they have no party status in the proceedings."

26 paragraph 49 paragraph 2:

"(2) the appeal against final decisions decisions according to § 37 para 2 or intermediate out of fourteen days is four weeks, the appeal against injunctions. The other parties can bring in a reply to appeals within the same each time after the delivery of the appeal."

27 paragraph 50:

"article 50. In proceedings before the Antitrust Court and the High Court of the cartel, following court fees are payable: 1 for a procedure on the examination of the merger (§ 11) a border fee up to 34,000 euros.

2. for a procedure for the termination of an infringement (articles 26, 27 and 28 para. 1) a part of fee up to 34,000 euros.

3. for a procedure of findings (§ 28 para 2) a border fee up to 17,000 euros.

4. for a procedure about the imposition of a fine, which is not connected to a process after no. 2, as well as the procedure to absorb (§ 111 TKG 2003, § 56 PMG) a border fee up to 34,000 euros.

5. for a procedure for the imposition of fines (section 35) and in procedures about House searches a border fee up to 8,500 euros.

"6. for other proceedings a border fee up to 34,000 euros."

28. in article 52, paragraph 2, the expression is "§ 50 Z 2-5" by the expression "section 50 Z 2 to 6" replaced.

29. in article 70, paragraph 2, the each modifies the law quote "RDG" on "RStDG".

30. in article 73, paragraph 1, the second sentence reads:

"article 5 of the experts and interpreters Act is to apply."

31. in paragraph 74, the last sentence is lifted.

32. in article 81, paragraph 1, the last sentence is lifted.

33. paragraph 83 and heading:


Section 83 (1) with relationship to the application of articles 101 and 102 of the TFEU and the basis of articles 42 and 43 TFEU adopted by competition rules in individual cases is competition authority in the sense of Regulation (EC) No. 1/2003 on the implementation of the competition rules laid down in articles 81 and 82 of the Treaty, OJ No. L 1 of the 4.1.2003, p. 1 (regulation 1/2003), 1 the cartel Court for the adoption of decisions;

2. without prejudice to article 3, paragraph 1 WettbG the Federal Cartel Prosecutor for making applications to the cartel Court.

"(2) the cartel and the Federal cartel prosecutor have in the application of articles 101 and 102 of the TFEU and the on the basis of articles 42 and 43 of the TFEU to apply competition rules adopted by the rules of procedure of this Act."

34. the heading of section 86 is as follows:

"Entry into force"

35. the § 86 be attached following paragraph 3 and 4:

"(3) section 2 paragraph 2 Z 1, § 3 para 1, § 4 par. 1a, 2 and 2a, section 5, paragraph 1 Z 1, § 11 paragraph 1a, § 14 para 1, § 18 para 1, § 28 para 1a, § 29 No. 1 lit." d and Z 2, § § 30, 35 para 1, § 36 para 1a, 2 and 3, sections 37, 37a, 39 para 1, § 47 para 1, § 49 para 2, §§ 50, 52 para 2, § 70 para. 2, § 73 para 1, § 74, article 81, paragraph 1, and section 83 as amended by Federal Law Gazette I no. 13/2013 into force on March 1, 2013. § 2 par. 2 Nos. 4 and § 7 para 3 contact 28 February 2013 override.

(4) to apply section 2 paragraph 2 No. 1 in the version of Federal Law Gazette I no. is 13/2013 to cartels, which are made after February 28, 2013. § 4 par. 1a, 2 and 2a, § 5 para 1 subpara 1 in the version of Federal Law Gazette I no. are 13/2013 to apply to acts committed after February 28, 2013. § 28 para 1a, § 36 para 1a and paragraph 2, sections 37, 39 para 1, § 49 para 2, § 50, 52 para 2 as amended by Federal Law Gazette I no. 13/2013 relating to proceedings where the proceedings document instituting application is submitted after February 28, 2013. sections 30 and 37a as amended by Federal Law Gazette I no. are 13/2013 to apply competition breaches committed after February 28, 2013."

Article 2

Amending the competition act

The Competition Act, Federal Law Gazette I no. 62/2002, as last amended by Federal Law Gazette I no. 111/2010, is amended as follows:

1. in article 1, paragraph 1, the term "Federal Ministry for economy and labour" by the term "Federal Ministry for economy, family and youth" will be and in lit. (b) the word "Community" replaced the word "Union law".

2. § 2 para 1 No. 6 to 8 is: "6 submission pursuant to § 7 para 2 federal law to improve the local supply and the conditions of competition, 7."

"Cease and desist claim according to § 14 para 1 of the Federal Act against unfair competition 1984 - UWG, where the WettbG of sections 11 to 14 shall not apply, as well as 8 implementation of Wettbewerbsmonitorings, in particular on the development of competition intensity in individual sectors of the economy or competition law relevant markets."

3. in article 2, paragraph 4, the term "Federal Minister for Economics and labour" is replaced by the term "Federal Ministry of economy, family and youth".

4. in section 3, paragraph 2 "Article 101 to 106 TFEU" and the term "Federal Minister for Economics and labour" be replaced the word "Community" by the word "Union law", the phrase "Article 81 to 86 EC" by the phrase the term "Federal Ministry of economy, family and youth".

5. in article 4, paragraph 1, the phrase "Article 81 to 86 of the Treaty" is replaced by the phrase "Article 101 to 106 TFEU" and after the word "Decisions" is the phrase "as well as that on the basis of article 42 and 43 TFEU competition rules adopted by" inserted.

6 § 4 para 1 No. 3 is: "3. the Regulation (EU) No. 261/2012 of the European Parliament and of the Council of 14 March 2012 for amending Regulation (EC) No 1234/2007 of the Council with regard to contractual relations in the sector milk and milk products, OJ" "No. L 94 of the 30.3.2012 S. 38."

7. in paragraph 5, the word order is "article 86 paragraph 3 EC" by the phrase "article 106 paragraph 3 TFEU" replaced.

8. in article 10, paragraph 1 is replaced "Union law" "community" by the word.

9. in article 10, paragraph 3 eliminates b.

10 paragraph 11 paragraph 3 to 6:

"(3) the Federal competition authority may refrain from the imposition of a fine against contractor or entrepreneur associations to apply to the 1.

((a)) the Federal competition authority as first information and evidence put forward which enable it, immediately suspicion of an infringement of § 1 cartel 2005 or article 101 a para 1 TFEU request justified according to article 12, paragraph 1, or b to make) the Federal competition authority, unless it already has sufficient information and evidence from other sources, to apply for a search warrant, as additional information and evidence put forward , which enable it to introduce immediately a reasoned request pursuant to § 36 para 1a cartel in 2005 before the Antitrust Court, have discontinued their involvement in the infringement 2., 3. subsequently truthfully, cooperate fully and swiftly with the Federal competition authority for the purpose of full awareness of the facts of the case and all evidence of the suspected infringement, that are in their possession or to which they have access , submit and other entrepreneurs or entrepreneurs associations not made 4 to participate in the infringement.

(4) against entrepreneurs or entrepreneurs associations, that the prerequisites of para 3 subpara 1 lit. do not meet a or b may apply for a reduced fine the Federal competition authority of the other conditions (Z 2-4). To come for a reduction of fines into account, information and evidence of the suspected infringement must be brought to the Federal competition authority, representing significant added value compared with the information already in its possession and evidence. In determining the scope of the respective reduction is to terminate on the date of the submission of the additional information and evidence, as well as the extent of the value added to the already known information.

(5) the Federal competition authority has to explain their practices in the implementation of paragraph 3 and 4 in a manual. Is in any case to explain, in which cases of § 1 cartel 2005 and article 101 para a discovery through a leniency programme is particularly conducive to 1 TFEU, which information to teach at least is the collaboration with the Federal competition authority includes, the conditions under which she applied for a reduced fine and to what extent this reduction takes place what obligations to perform a search,. The manual is to publish on the website of the Federal competition authority.

(6) want to take paragraph 3 or 4 to complete an entrepreneur or an entrepreneur Association, the Federal competition Commission on request in a legally non-binding communication has been known to announce whether she will make use of these paragraphs. The Federal competition authority shall notify the Federal cartel prosecutor if it intends to apply for no or a reduced fine."

11. the text of the previous § 11 paragraph 6 receives the sales designation (7).

12 § 11a paragraph 1 Z 3 is: "3 spot to require all information necessary for the implementation of investigative measures and all representatives or employees of the undertaking or Association of undertakings explanations on facts or documents to require that relate to subject-matter and purpose of the investigation relating."

13 § 11a paragraph 3 reads:

"(3) the granting of information and the submission of documents referred to in paragraph 1 can be arranged using AVG also by decision. No suspensive effect comes to an appeal against that decision. At the request of the suspensive effect of the appeal authority within two weeks after submission of the appeal is to grant, if it is justified considering the interests of all parties."

14. the § 11a be added following paragraph 4 to 9:

"(4) the Federal competition authority is responsible for the execution of the decisions adopted by her, with the exception of the administrative cases of. It applies the administrative enforcement Law 1991 - German insurance contract law, BGBl. No. 53/1991, subject to the proviso that the coercive measures shall not exceed the maximum amount of 5% of the time given in the preceding business year of average daily turnover for each day of delay which in the decision on SG & according to § 5 para 3.

(5) who contrary to a decision pursuant to paragraph 3 no, incorrect, misleading or incomplete information granted commits an administrative offence and is to punish up to 75 000 euro from the Federal competition authority fined. An administrative offence with up to 25 000 euro to criminal commits, who makes any false or misleading information in a report referred to in paragraph 2. It is considered the administrative penal code 1991 - VStG, Federal Law Gazette No. 52/1991.

(6) against decisions of the Federal competition authority after para 3 to 5, the appeal of the appeal to the independent administrative Senate of Vienna is allowed.

(7) the Federal competition authority may charge against decisions of the independent Administrative Tribunal appeal because the illegality of the Administrative Court on appeals against their decisions.

(8) has to be Z 3 provision of information or the submission of documents for the purposes of an investigation under article 2, paragraph 1, the application of paragraph 3 in any case, a request pursuant to paragraph 2 to go ahead.

(9) the Wettbewerbsmonitoring pursuant to § 2 para 1 is performed exclusively on the basis of publicly available data. Z 8"

15. in article 12, paragraph 1, the phrase is "article 81 or 82 of the EC Treaty" by the phrase "article 101 or 102 of the TFEU" replaced.

16 § 12 para  4 is as follows:

"(4) in the case of the execution of the search warrant attention are to limit nuisance and errors to the unavoidable measure. The property rights and personal rights of the person in which the warrant is made (affected Party), are to preserve as much as possible. The Federal competition authority has to record a log of the search warrant and inform the cartel Court. The interested party has the right to be present during the search and to move to a person of his confidence. The powers referred to in section 11a, para 1 Nos. 2 and 3 to come during house search the Federal competition authority. The Federal competition authority is empowered to seal the premises for the duration of the search warrant to the necessary extent and to take evidence in fitting, insofar as this is necessary to ensure the success of discovery."

17 paragraph 12 paragraph 5:

"(5) ordered search warrant the person concerned (para. 4) to the conditions of the search warrant is directly in front of one on the basis of paragraph 1 to consult, unless this would endanger the success of discovery because of the imminent danger." Contrary to it in the context of the examination of documents, regardless of form in which they are available, apt legally recognized him the inspection of certain separately designated documents or their seizure, citing a duty of confidentiality or Z as a standing to his right to refuse the statement pursuant to article 157, paragraph 1 are 2 to 5 StPO, to secure these documents in appropriate manner against unauthorized access or alteration, and to present the cartel Court; before they can be seen. The cartel has to sift the documents and to decide whether and to what extent they viewed and made copies and extracts thereof may or they make back the person concerned (para. 4) are with decision of the Chairman of the Senate. Against this decision only the remedy of appeal is open."

18 the following paragraph 6 is added to the article 12:

"(6) a designation of individual documents in the course of the search warrant is not possible, because thereby retarding in a disproportionate way, categories of documents in appropriate manner against unauthorized inspection shall at the request of the person concerned (para. 4) to secure and to deposit at the Federal competition authority separate from the Act of discovery. The person concerned (para. 4) is to request from the Federal competition authority, to denote the documents individually within a period to be set by her at least two weeks. To this end, he is entitled to inspect the stored documents. He omits the name of individual documents, timely documents become part of the Act of discovery of the Federal competition authority. With respect to the individually designated documents is to act within the meaning of paragraph 5."

19. the text of the hitherto § 14 receives the sales designation (1) and by the expression, the expression (§§ 11 and 12) is replaced (§§ 11a and 12).

20 section 14 be attached following para. 2 and 3:

"(2) in the context of a search warrant of the Federal competition authority pursuant to par. 1 assisting organs of public security are also authorized to support the Federal competition authority by the securing of documents in electronic form.

"(3) criminal police, public prosecutor's Office and courts are entitled, the Federal competition authority according to the code of criminal procedure to grant obtained personally identifiable data, information for the fulfilment of their legal obligations, in particular the enforcement of the antitrust prohibition pursuant to section 1 cartel 2005 and article 101 of the TFEU, relevant are."

21. in § 16 par. 2 deleted the phrase "or who cartel representative".

22. in article 17, paragraph 1, the phrase "to the cartel Court" is omitted.

23 paragraph 20 paragraph 2:

"(2) unless otherwise determined in this Federal Act, decides the Federal competition authority in cases where it is responsible for the issuing of the decision, in Supreme instance and are subject to its rulings not repeal or amendment in the administrative way."

24. the heading to section 21 is replaced by the following heading:

"Entry into force"

25. the section 21 be added following paragraph 3, 4 and 5:

"(3) § 11 par. 3 to 5 is also on facts apply to carried out before 1 January 2006 and the suspicion of an infringement of § 18 cartel in 1988, Federal Law Gazette No. 600/1988, justify."

(4) that a search warrant pursuant to article 12, paragraph 1 has layout even when the existence of the reasonable grounds to suspect of a contravention of sections 18 and 1988, BGBl. No. 600/1988, of the facts concerned 35 cartel, who were executed before January 1, 2006, must be.

(5) § 1 para 1 and article 1 par. 1 lit. b, section 2, paragraph 1 Z 6 to 8, § 2 para 4, § 3 para 2, article 4, paragraph 1, and article 4, paragraph 1 Z 3, § 5, article 10, paragraph 1, article 10 (b) paragraphs 1 and 2, § 11 par. 3 to 7, section 11a, para 1 No. 3, § 11a paragraph 3 to 9 Article 12, paragraph 1, article 12 paragraph 4 to 6, § 14 para 1 to 3, § 16 ABS. 2 ", § 17 para 1, § 20 para 2, the heading to section 21 and section 21 subsection 3 to 5 in the version of Federal Law Gazette I no. 13/2013 with 1 March 2013 into force."

Article 3

Amendment of the Federal Act against unfair competition 1984

The Federal Act against unfair competition – unfair competition act, Federal Law Gazette No. 444/1984, as last amended by Federal Law Gazette I no. 79/2007, is amended as follows:

1 § 9a and its heading is eliminated.

2. in article 14, paragraph 1, the expression "9a," in the first sentence no longer required after the expression "3", and in the second set, "2a"is the expression"9a" is eliminated after the expression.

3. in paragraph 18 is eliminated after the expression

"9," the expression ", 9a,"


4. in article 21, paragraph 1, "7" is the expression

removed the comma and the word "and"

inserted. After the expression "9"

not applicable to the expression "and 9a"


5. § 44 the following paragraph 8 is added:

"(8) § 9a along with his header in the version of Federal Law Gazette I 13/2013 comes no. with the day following the announcement, override. I 13/2013 No. Article 14, paragraph 1, article 18, article 21, paragraph 1, and no. 6 of the annex as amended by Federal Law Gazette with the day following the proclamation into force."

6. in the annex, it is lit in no. 6. (c) after the word "Copy"

inserted a paragraph.