(1) The provisions on the control of concentrations shall apply if in the last business year preceding the concentration
1. the combined aggregate worldwide turnover of all the undertakings concerned was more than EUR 500 million, and
2. the domestic turnover of at least one undertaking concerned was more than EUR 50 million and that of another undertaking concerned was more than EUR 17.5 million.
(1a) The provisions on the control of concentrations shall also apply if
1. the requirements under subsection (1) no 1 are fulfilled,
2. in the last business year preceding the concentration
a) the domestic turnover of one undertaking concerned was more than EUR 50 million and
b) neither the target undertaking nor any other undertaking concerned achieved a domestic turnover of more than EUR 17.5 million,
3. the consideration for the acquisition exceeds EUR 400 million and
4. the target undertaking pursuant to no 2 has substantial operations in Germany.
(2) Subsection (1) shall not apply to concentrations of public entities and enterprises arising from the territorial reform of municipalities. Subsections (1) and (1a) shall not apply where all undertakings participating in the concentration
1. are members of a banking association [kreditwirtschaftliche Verbundgruppe] within the meaning of Section 8b(4) sentence 8 of the German Corporation Tax Act [Körperschaftsteuergesetz],
2. mainly provide services for the other members of that banking group, and
3. in their activities set out in no 2, do not themselves maintain any contractual relations with end consumers.
Sentence 2 shall not apply to concentrations of cooperative central banks and regional institutions of savings banks within the meaning of Section 21(2) no 2 of the German Banking Act [Kreditwesengesetz].
(3) The provisions of this Act shall not apply where the European Commission has exclusive jurisdiction pursuant to Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, as amended from time to time.