(1) A concentration which would significantly impede effective competition, in particular a concentration which is expected to create or strengthen a dominant position, shall be prohibited by the Bundeskartellamt. This shall not apply if
1. the undertakings concerned prove that the concentration will also lead to improvements of the conditions of competition and that these improvements will outweigh the impediment to competition; or
2. the requirements for a prohibition are fulfilled exclusively on markets on which goods or commercial services have been offered for at least five years and which had a total domestic sales volume of less than EUR 20 million in the last calendar year, unless the markets are markets within the meaning of Section 18(2a), or Section 35(1a) applies; or
3. the dominant position of a newspaper or magazine publisher acquiring a small or medium-sized newspaper or magazine publisher is strengthened provided it is proven that the publisher that is acquired recorded a significant net annual deficit in the profit and loss account under Section 275 of the German Commercial Code [Handelsgesetzbuch] in each of the three preceding years and its existence would be jeopardised without the concentration. Furthermore, it must be proven that no other acquirer was found before the concentration that could have ensured a solution that would have been less harmful to competition.
(2) If an undertaking concerned is a dependent or dominant undertaking within the meaning of Section 17 of the German Stock Corporation Act [Aktiengesetz] or a group company within the meaning of Section 18 of the German Stock Corporation Act, then the undertakings so affiliated shall be regarded as a single undertaking. If several undertakings act together in such a way that they can jointly exercise a controlling influence on another undertaking, each of them shall be regarded as controlling.
(3) If a person or association of persons which is not an undertaking holds a majority interest in an undertaking, such person or association of persons shall be regarded as an undertaking.