(1) Whoever intentionally commits an infringement within the meaning of Section 34(1) and in this way gains an economic benefit at the expense of multiple purchasers or suppliers may be required by those entitled to an injunction under Section 33(4) to surrender the economic benefit to the federal budget unless the competition authority orders the disgorgement of the economic benefit by the imposition of a fine, by confiscation of proceeds, by reimbursement or pursuant to Section 34(1).
(2) Payments made by the undertaking because of the infringement shall be deducted from the claim. Section 34(2) sentence 2 shall apply mutatis mutandis.
(3) If several creditors claim the disgorgement of benefits, Sections 428 to 430 of the German Civil Code shall apply mutatis mutandis.
(4) The creditors shall provide the Bundeskartellamt with information about the assertion of claims pursuant to subsection (1). They may demand reimbursement from the Bundeskartellamt for the expenses necessary for asserting the claim if they are unable to receive reimbursement from the debtor. The claim for reimbursement is limited to the amount of the economic benefit paid to the federal budget.
(5) Claims pursuant to subsection (1) shall become statute-barred after five years. Sections 33b and 33h(6) shall apply mutatis mutandis.