(1) A cartel participant may contact the competition authority to initially declare its willingness to cooperate (marker) in order to be assigned a place in the queue for leniency in the order in which the applications are received. A marker shall at least include a brief description of the following:
1. the name and address of the applicant,
2. the names of the other cartel participants,
3. the products and territories affected,
4. the duration and nature of the offence, in particular also with regard to the applicant's own involvement, and
5. information on any past or possible future leniency applications in relation to the cartel that have been made or will be made to other competition authorities, other European competition authorities or other foreign competition authorities.
(2) A marker may be placed orally or in text form. Section 81i(2), (3) sentences 1 and 2 and Section 81i(4) shall apply mutatis mutandis.
(3) The competition authority shall specify a reasonable period within which the applicant is to submit a leniency application including details as to all the information specified in subsection (1) sentence 2 together with the corresponding evidence. The place in the queue for leniency of the finalised leniency application pursuant to sentence 1 shall be determined based on the time of the marker pursuant to subsection (1), provided that the applicant fulfils its obligations at all times. In this case, all the information and evidence properly produced prior to the expiry of the period specified pursuant to sentence 1 are deemed to have been submitted at the time of the marker.