(1) The Bundeskartellamt may prohibit a concentration notified to it only if it informs the notifying undertakings within a period of one month from receipt of the complete notification that it has initiated the examination of the concentration (second phase proceedings). Second phase proceedings are to be initiated if a further examination of the concentration is necessary.
(2) In the second phase proceedings, the Bundeskartellamt shall decide by way of a formal decision whether the concentration is prohibited or cleared. If the decision is not served upon the notifying undertakings within a period of five months from receipt of the complete notification, the concentration shall be deemed to have been cleared. The parties involved in the proceedings have to be informed without delay of the date on which the decision was served. This shall not apply if
1. the notifying undertakings have consented to an extension of the time limit;
2. the Bundeskartellamt has refrained from issuing the notice pursuant to subsection (1) or from prohibiting the concentration due to incorrect information or due to information pursuant to Section 39(5) or Section 59 not having been provided in time;
3. contrary to Section 39(3) sentence 2 no 6, a person authorised to accept service in Germany is no longer appointed.
The time limit under sentence 2 shall be suspended if the Bundeskartellamt has to again request information pursuant to Section 59 from an undertaking involved in the concentration because the undertaking has failed, for reasons for which the undertaking is responsible, to comply with a prior request for information pursuant to Section 59 in full or in a timely manner. The suspension shall end as soon as the undertaking has submitted all the information requested to the Bundeskartellamt. The time limit shall be extended by one month if, for the first time during the proceedings, a notifying undertaking proposes to the Bundeskartellamt conditions and obligations pursuant to subsection (3).
(3) Clearance may be granted subject to conditions and obligations in order to ensure that the undertakings concerned comply with the commitments they entered into with the Bundeskartellamt to prevent the concentration from being prohibited. These conditions and obligations must not aim at subjecting the conduct of the undertakings concerned to continued control.
(3a) Clearance may be revoked or modified if it is based on incorrect information, has been obtained by means of deceit or if the undertakings concerned do not comply with an obligation attached to the clearance. In the case of non-compliance with an obligation, Section 41(4) shall apply mutatis mutandis.
(4) Prior to a prohibition, the supreme Land authorities in whose territory the undertakings concerned have their registered seat shall be given the opportunity to submit an opinion. In proceedings conducted in accordance with Section 172a of the German Social Code, Book V [Fünftes Buch Sozialgesetzbuch], the competent supervisory authorities pursuant to Section 90 of the German Social Code, Book IV, must be consulted prior to a prohibition. In proceedings relating to the nationwide distribution of television programmes by private broadcasters, the Commission on Concentration in the Media Sector must be consulted prior to a prohibition in order to establish concentration levels in the media sector.
(5) In the cases under Section 39(4) sentence 1, the time limits referred to in subsections (1) and (2) sentence 2 shall begin to run when the referral decision is received by and the necessary information pursuant to Section 39(3) is available in German to the Bundeskartellamt.
(6) If clearance by the Bundeskartellamt is repealed in whole or in part by a final court ruling, the time limit referred to in subsection (2) sentence 2 shall begin to run anew at the time at which the ruling becomes final.