(1) The competition authority may decide that there are no grounds for it to take any action if, based on the information available to it, the conditions for a prohibition pursuant to Sections 1, 19 to 21 and 29, Article 101(1) or Article 102 of the Treaty on the Functioning of the European Union are not satisfied. The decision shall state that, subject to new findings, the competition authority will not exercise its powers under Sections 32 and 32a. The decision does not include an exemption from a prohibition within the meaning of sentence 1.
(2) Irrespective of the conditions set out in subsection (1), the competition authority may also declare that it refrains from initiating proceedings in accordance with its discretionary powers.
(3) The Bundeskartellamt may determine general administrative guidelines concerning the exercise of its discretionary powers pursuant to subsections (1) and (2).
(4) Undertakings or associations of undertakings shall, upon application, be entitled to a decision issued by the Bundeskartellamt pursuant to subsection (1) if they have a substantial legal and economic interest in obtaining such a decision with regard to a cooperation with competitors. The Bundeskartellamt shall decide on an application pursuant to sentence 1 within six months.