(1) For the purpose of performing the tasks assigned to the competition authority under this Act, the competition authority may search business premises, homes, land and objects if it can be assumed that documents are located there that may be inspected and examined and the surrender of which may be requested by the competition authority pursuant to Sections 59 and 59a. The fundamental right under Article 13 of the German Basic Law shall be restricted to this extent. Section 104(1) and (3) of the German Code of Criminal Procedure shall apply mutatis mutandis.
(2) Searches may be conducted only by order of the judge of the local court in the district in which the competition authority has its seat. Sections 306 to 310 and Section 311a of the German Code of Criminal Procedure shall apply mutatis mutandis to appeals against such orders. If there is imminent danger, the persons entrusted with the search by the competition authority may conduct the necessary searches during business hours without judicial order.
(3) The officials of the competition authority and any accompanying individuals authorised or appointed by the competition authority shall be authorised, in particular:
1. to examine all books and business documents irrespective of the form in which they are available or the medium on which they are stored, and to obtain access to any information that is accessible to the person subject to the search,
2. to seal business premises, books and documents of any kind for the duration of and to the extent necessary for the search, and
3. during the search of undertakings or associations of undertakings, to request from all representatives or members of staff of the undertaking or association of undertakings information that might facilitate access to evidence, and explanations on facts or documents that might be connected to the subject matter and purpose of the search, and to record the answers; the request must expressly refer to the obligation to cooperate and must be included in the record.
To the extent that natural persons are obliged to cooperate by providing information pursuant to sentence 1 no 3, they shall, if obtaining information in any other way is significantly more difficult or unlikely, also disclose facts that may result in prosecution for a criminal or administrative offence. Any information disclosed by the natural person in fulfilling the obligation under sentence 1 no 3 may, however, be used in criminal proceedings or in proceedings pursuant to this Act or the German Administrative Offences Act against that person or against a relative as defined in Section 52(1) of the German Code of Criminal Procedure only with the consent of the natural person affected.
(4) A record of the search and its essential results shall be prepared in situ, also showing the facts which led to the assumption that danger was imminent, if no judicial order was issued.
(5) Section 108(1) and Section 110 of the German Code of Criminal Procedure shall apply mutatis mutandis. The parties affected shall submit to the search. If business premises and land and objects used for business purposes are searched, undertakings and associations of undertakings may be forced to submit to the search by imposing a periodic penalty payment in accordance with Section 86a.