(1) Where a fine is imposed pursuant to Section 81c(4) on an association of undertakings as a legal person or association of persons within the meaning of Section 30 of the German Administrative Offences Act and if the association of undertakings itself is not solvent, the competition authority shall specify a reasonable time limit within which the association of undertakings shall call for contributions from its members to pay the fine.
(2) Where the contributions to paying the fine have not been rendered in full within the time limit set pursuant to subsection (1), the competition authority may demand payment of the outstanding amount of the fine directly from any of the undertakings whose representatives were members of the decision-making bodies of that association at the time the administrative offence was committed.
(3) Where necessary to ensure full payment of the fine after the competition authority has demanded payment pursuant to subsection (2), the competition authority may also demand payment of the outstanding amount of the fine from any of the members of the association of undertakings active on the market affected by the administrative offence.
(4) Payment pursuant to subsections (2) and (3) may not be demanded from undertakings which demonstrate that they
1. either were not aware of the existence of the infringing decision or actively distanced themselves from this decision before the competition authority initiated its investigations, and
2. did not implement the decision taken by the association of undertakings that gives rise to the fine pursuant to Section 81.
(5) For any one undertaking, the demand for payment of the outstanding amount of the fine shall not exceed 10 per cent of the total turnover of the respective undertaking generated in the business year preceding the authority's decision.
(6) Subsections (1) to (5) shall not apply to members of the association of undertakings
1. on which a fine has been imposed in connection with the administrative offence, or
2. which have been granted immunity from fines pursuant to Section 81k.