(1) When determining the amount of the fine, account shall be taken of both the gravity and the duration of the infringement. In the case of fines imposed on undertakings or associations of undertakings for agreements, decisions or concerted practices restricting competition pursuant to Section 1 or Article 101 of the Treaty on the Functioning of the European Union or for prohibited conduct pursuant to Sections 19, 20 or 21 or Article 102 of the Treaty on the Functioning of the European Union, the circumstances to be considered shall, in particular, include:
1. the nature and the magnitude of the infringement, in particular the amount of the turnover directly or indirectly linked to the infringement,
2. the relevance of the products and services affected by the infringement,
3. the manner in which the infringement was committed,
4. previous infringements committed by the undertaking as well as any adequate and effective precautions taken prior to the infringement to prevent and uncover infringements, and
5. the undertaking's efforts to uncover the infringement and remedy the harm as well as the precautions taken after the infringement to prevent and uncover infringements.
Estimates may be used when considering the extent, magnitude and relevance within the meaning of sentence 2 nos 1 and 2.
(2) In setting the fine, the economic situation of the undertaking or the association of undertakings shall be decisive. If, due to the acquisition by a third party, the economic situation has changed during or after the infringement, a fine that is lower than the fine which would previously have been adequate for the undertaking or the association of undertakings shall be considered.
(3) Section 17(4) of the German Administrative Offences Act shall be applied with the proviso that the economic benefit derived from the administrative offence may be disgorged by the fine pursuant to Section 81c. If the fine is imposed for reasons of punishment only, this must be taken into account in setting the amount of the fine.
(4) The Bundeskartellamt may lay down general administrative principles on the exercise of its discretionary powers in determining the fine, in particular with regard to setting the amount of the fine, and also with regard to its cooperation with foreign competition authorities.