Is a defence of justification/public interest available?
The parties may of course invoke the individual exemption provided by Article 81, paragraph 3 of the EC Treaty and/or Article 4 of the Competition Act. They may also invoke that the agreement, decision or concerted practice falls within the scope of any EC block exemption regulation or does not fall within the scope of application of Articles 81 and 82 EC of the Treaty and/or Articles 3-5 of the Competition Act. No specific defence justification or public interest justification is available under Luxembourg law.
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