(1) The Federal Minister for Economic Affairs and Energy will, upon application, authorise a concentration prohibited by the Bundeskartellamt if, in the individual case, the restraint of competition is outweighed by advantages to the economy as a whole resulting from the concentration, or if the concentration is justified by an overriding public interest. In this context, the competitiveness of the undertakings concerned in markets outside the area of application of this Act shall also be taken into account. Authorisation may be granted only if the scope of the restraint of competition does not jeopardize the market economy system. Where the ministerial decision deviates from the Monopolies Commission's opinion provided in accordance with subsection (5) sentence 1, the reason for the deviation shall be stated in the authorisation decision.
(2) Authorisation may be granted subject to conditions and obligations. Section 40(3) sentence 2 and (3a) shall apply mutatis mutandis.
(3) The application for ministerial authorisation shall be submitted in writing to the Federal Ministry for Economic Affairs and Energy within one month from service of the prohibition or, in the absence of prior prohibition, from service of a dissolution order pursuant to Section 41(3) sentence 1. If the prohibition is appealed, the period for submitting an application shall begin to run from the date on which the prohibition becomes non-appealable. If the dissolution order pursuant to Section 41(3) sentence 1 is appealed, the period for submitting an application shall begin to run from the date on which the dissolution order becomes non-appealable.
(4) The Federal Minister for Economic Affairs and Energy shall decide on the application within four months. If the decision is not made within this period, the Federal Ministry for Economic Affairs and Energy shall immediately inform the Bundestag in writing of the reasons for this delay. If the decision is not served upon the undertakings applying for ministerial authorisation within a period of six months from receipt of the complete application, the application shall be deemed rejected. Upon application by the undertakings applying for ministerial authorisation, the Federal Ministry for Economic Affairs and Energy may extend the time limit under sentence 3 by up to two months. In this case, sentence 3 shall not apply and the decision shall be served upon the undertakings applying for ministerial authorisation within the time limit set out in sentence 4.
(5) Prior to the decision pursuant to subsection (4) sentence 1, an opinion of the Monopolies Commission shall be obtained, and the supreme Land authorities in whose territory the participating undertakings have their registered seat shall be given an opportunity to comment. In the case of an application to authorise a prohibited concentration in the nationwide distribution of television programmes by private broadcasters, an opinion by the Commission on Concentration in the Media Sector must additionally be obtained. The Monopolies Commission shall submit its opinion within two months upon request by the Federal Ministry for Economic Affairs and Energy.
(6) The Federal Ministry for Economic Affairs and Energy shall issue guidelines on the conduct of the procedure.