60. Now that we see the conditions of the Block Exemption Regulation for the insurance are not met, we should
look at Article 6, paragraph Mw, which tested a statutory exception to the prohibition on cartels. In order for such
exception to qualify, four conditions must be met. This means that when one or more conditions are not met, an
action on Article 6, paragraph Mw cannot succeed. ACM notes that in the case of an (almost) market coverage
scheme, as the Association stands, there is not likely the applicability of provisions of Article 6, paragraph Mrs. It
is further noted that ACM tests only to Article 6, paragraph Mw when the parties concerned requested so. The
proof is in this context with the Association.
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