(1) Concentrations shall be notified to the Bundeskartellamt pursuant to subsections (2) and (3) prior to being implemented. Electronic notifications may be submitted via:
1. the central De-Mail address set up by the Bundeskartellamt within the meaning of the German De-Mail Act [De-Mail-Gesetz],
2. the central e-mail address set up by the Bundeskartellamt for documents with a qualified electronic signature,
3. the special electronic mailbox for German public authorities [beBPO] in return for an electronic or dated and signed written confirmation of receipt as well as
4. an online platform set up for this purpose.
(2) The obligation to notify shall be:
1. upon the undertakings participating in the concentration;
2. in the cases under Section 37(1) nos 1 and 3, also upon the seller.
(3) The notification shall indicate the form of the concentration. Furthermore, the notification shall contain the following information with respect to every undertaking concerned:
1. name or other designation and place of business or registered seat;
2. the type of business;
3. turnover in Germany, in the European Union and worldwide; instead of turnover, the total amount of income within the meaning of Section 38(4) shall be indicated in the case of credit institutions, financial institutions, building and loan associations and external investment management companies within the meaning of Section 17(2) no 1 of the German Investment Act [Kapitalanlagegesetzbuch], and the premium income in the case of insurance undertakings; in the case of Section 35(1a), the value of the consideration as determined in accordance with Section 38(4a), including the basis for its calculation, shall also be indicated;
3a. in the case set out in Section 35(1a), information on the nature and scale of the operations in Germany;
4. the market shares, including the basis for their calculation or estimate, if the combined shares of all undertakings concerned amount to at least 20 per cent in the area of application of this Act or in a substantial part thereof;
5. in the case of an acquisition of shares in another undertaking, the size of the interest acquired and of the total interest held;
6. a person authorised to accept service in Germany, if the registered seat of the undertaking is not located in the area of application of this Act.
In the cases under Section 37(1) nos 1 or 3, the information pursuant to sentence 2 nos 1 and 6 shall also be provided with respect to the seller. If an undertaking concerned is an affiliated undertaking, the information required under sentence 2 nos 1 and 2 shall also be provided with respect to its affiliated undertakings, and the information required under sentence 2 nos 3 and 4 with respect to each undertaking participating in the concentration and with respect to the entirety of all undertakings affiliated with it; intra-group relationships as well as control relationships among and interests held by the affiliated undertakings shall also be indicated. The notification shall not contain or use any incorrect or incomplete information for the purpose of prompting the competition authority to refrain from issuing a prohibition pursuant to Section 36(1) or from issuing an information notice pursuant to Section 40(1).
(4) A notification shall not be required if the European Commission has referred a concentration to the Bundeskartellamt and if the information required under subsection (3) has been provided to the Bundeskartellamt in German. The Bundeskartellamt shall inform the undertakings concerned without delay of the time of receipt of the referral and shall at the same time inform them of the extent to which the necessary information pursuant to subsection (3) is available in German.
(5) The Bundeskartellamt may request from each undertaking concerned information on market shares, including the basis for their calculation or estimate, and on the turnover achieved by the undertaking in the last business year preceding the concentration with a certain type of goods or commercial services, as well as information on the operations of an undertaking in Germany, including information on the number and locations of its customers as well as the locations in which its services are offered and properly used.
(6) If, contrary to subsection (1) sentence 1, concentrations that are subject to notification were not notified prior to their implementation, the participating undertakings shall notify the Bundeskartellamt without delay. Section 41 shall remain unaffected.