62. The third paragraph of Article 6 of the Competition shall not apply if the elements of the insurance construction
of the Association and the restriction of competition that come with it brings, are not indispensable. It should be
assessed whether the contents of the insurance structure that the Federation stands for, are necessary. In the opinion
of ACM, the imposition of this construction- also being discussed in 38-46 of this view - is not indispensable.
There are other, less restrictive, possibilities to cover flooding risks. The Association did not present facts in this
matter that lead to a different conclusion.
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