(1) Every two years, the Monopolies Commission shall prepare an expert opinion assessing the level and the foreseeable development of business concentration in the Federal Republic of Germany, evaluating the application of the competition law provisions based on concluded proceedings and commenting on other topical issues of competition policy. The expert opinion shall be completed by 30 June of the year in which it is to be prepared. The Federal Government may instruct the Monopolies Commission to prepare further expert opinions. In addition, the Monopolies Commission may prepare opinions or other expert reports at its discretion. The possibility to submit comments pursuant to Section 75(5) shall remain unaffected.
(2) The Monopolies Commission shall be bound only by the mandate established by this Act, and shall be independent in pursuing its activities. If a minority holds dissenting views when an opinion is drafted, it may express them in the opinion.
(3) The Monopolies Commission shall submit its expert opinions to the Federal Government. The Federal Government shall present expert opinions pursuant to subsection (1) to the legislative bodies without delay. The Federal Government shall present its views and comments on expert opinions pursuant to subsection (1) sentence 1 within a reasonable period of time and may present its views and comments on other expert reports pursuant to subsection (1) if and to the extent that it considers this expedient. If requested, the competent federal ministries and the Monopolies Commission shall exchange views on the contents of the opinions. The expert opinions shall be published by the Monopolies Commission. In the case of opinions pursuant to subsection (1) sentence 1, this shall be done at the time at which they are submitted by the Federal Government to the legislative body.
(4) In its expert opinions the Monopolies Commission may make recommendations for implementing sector inquiries pursuant to Section 32e(1). If the Bundeskartellamt has not followed the recommendation for a sector inquiry pursuant to Section 32e(1) within twelve months after publication of the expert opinion, the Bundeskartellamt will comment on the expert opinion.