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Part 3 · Proceedings  ›  Division 1 · Proceedings Before the Competition Authorities › Section 59a

Examination of Business Documents

(1) To the extent necessary for the purpose of performing the tasks assigned to the competition authority under this Act, the competition authority may, until its decision becomes final, inspect and examine business documents of undertakings and associations of undertakings at their premises during normal business hours.

(2) The owners of undertakings and their representatives and, in the case of legal persons and associations of persons, also the persons appointed as representatives, shall be obliged to make the business documents available for inspection and examination and to allow examination of such business documents and entry to the offices and business premises.

(3) Persons entrusted by the competition authority to carry out examinations may enter the offices of undertakings and associations of undertakings.

(4) The fundamental right of Article 13 of the German Basic Law [Grundgesetz] shall be restricted by subsections (2) and (3).

(5) Examinations shall be ordered by the Federal Ministry for Economic Affairs and Energy or the supreme Land authority by individual order in writing and by the Bundeskartellamt by decision with the consent of its President. The order or decision shall state the time, legal basis, subject matter and purpose of the examination.

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