Extension of the legislation to information agreements and services
Over the years, as a result of subsequent legislation, in 1976 agreements relating to
services were also brought within the scope of the Act, as too, largely in 1969, were
certain information agreements, only some information agreements having been
covered by the original Act; on the other hand, over the years a substantial number
of additional specific exemptions were provided by various Acts of Parliament. Also,
as a result of subsequent legislation, in 1968 operation of an arrangement to which
Part I of the Act applied became unenforceable as between the parties and a civil
wrong (eine unerlaubte Handlung) if the arrangement had not been duly notified in
accordance with the Act; and public law and private law remedies were made
available for use in such cases.
Once an agreement had been notified, whether voluntarily or as a result of an
investigation by the responsible official – from 1973 onwards, the Director General
of Fair Trading – he would refer it to the Restrictive Practices Court unless he and
the Minister of Economics agreed that it was too insignificant for that to be required.
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