(1) Decisions of the Monopolies Commission shall require the consent of at least three members.
(2) The Monopolies Commission has rules of procedure and a secretariat. The function of the latter is to scientifically, administratively and technically support the Monopolies Commission.
(2a) As far as this is required for the proper fulfilment of its functions, the Monopolies Commission shall be granted access to the files maintained by the competition authority, including access to trade and business secrets and personal data. This shall also apply to the preparation of expert opinions pursuant to Section 78 of the German Rail Regulation Act [Eisenbahnregulierungsgesetz], Section 62 of the German Energy Industry Act [Energiewirtschaftsgesetz], Section 44 of the German Postal Act [Postgesetz] and Section 121(2) of the German Telecommunications Act [Telekommunikationsgesetz].
(2b) Within the scope of access to the files, the Monopolies Commission may conduct its own assessment of the data available to the competition authority in electronic form, including trade and business secrets and personal data, to the extent required for the purpose of properly fulfilling its tasks. This shall also apply to the preparation of expert opinions pursuant to Section 78 of the German Rail Regulation Act, Section 62 of the German Energy Industry Act, Section 44 of the German Postal Act and Section 121(2) of the German Telecommunications Act.
(3) The members of the Monopolies Commission and the staff of the secretariat shall be obliged to keep secret the deliberations and the related documents designated as confidential by the Monopolies Commission. The secrecy obligation shall also apply to information and data given to the Monopolies Commission and designated as confidential, or obtained pursuant to subsections (2a) or (2b).
(4) The members of the Monopolies Commission shall receive a lump sum compensation and they shall be reimbursed for their travel expenses. These amounts shall be determined by the Federal Ministry for Economic Affairs and Energy. The costs of the Monopolies Commission shall be borne by the Federation.