3.
The derogation laid down in paragraph 2 shall not apply where: the SME has led the infringement of competition law or has coerced other undertakings to participate therein; or the SME has previously been found to have infringed competition law.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.