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Part 2 · Competition Authorities  ›  Chapter 3 · Bundeskartellamt › Section 53

Activity Report and Monitoring Reports

(1) Every two years, the Bundeskartellamt shall publish a report on its activities and on the situation and development in its field of responsibilities. The report shall include the general instructions given by the Federal Ministry for Economic Affairs and Energy pursuant to Section 52. The Bundeskartellamt shall also regularly publish its administrative principles.

(2) The Federal Government shall without delay submit the report of the Bundeskartellamt to the Bundestag together with its opinion.

(3) The Bundeskartellamt shall prepare a report on its monitoring activities pursuant to Section 48(3) sentence 1 in agreement with the Bundesnetzagentur to the extent that aspects of regulation of the distribution networks are concerned, and shall transmit the report to the Bundesnetzagentur. At least every two years, as part of its monitoring activities pursuant to Section 48(3) sentence 1, the Bundeskartellamt shall prepare a report on the competitive conditions in electricity generation. The Bundeskartellamt may publish the report independently of the monitoring report prepared pursuant to sentence 1.

(4) The Bundeskartellamt may also inform the public on a continuous basis on its activities as well as on the situation and development in its field of responsibilities.

(5) The Bundeskartellamt will communicate on its website every fining decision on account of a violation of Section 1 or Sections 19-21 or Article 101 or Article 102 of the Treaty on the Functioning of the European Union no later than upon conclusion of the authority's fine proceedings. The communication should contain at least the following information:

1.  Information on the facts established in the fining decision,

2.  Information on the type of the infringement and the period during which the infringement occurred,

3.  Information on the undertakings against which fines were imposed or which were fully exempted from fines in the context of a leniency programme.

4.  Information on the goods and services affected,

5.  A note pointing out that persons who suffered harm due to the infringement may claim compensation for this harm, and,

6.  if the fining decision has already become final, a note pointing out the binding effect of decisions of a competition authority pursuant to Section 33b.

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