Consultation and consolidation procedure

(1) The Federal Network Agency gives interested parties the opportunity to comment, within a reasonable period which should generally be one month, on the draft results of the market definition under section 10 and the market analysis under section 11. The draft, and the comments received on it, are published by the Federal Network Agency, subject to safeguarding the business and trade secrets of the parties involved. For this purpose, the Federal Network Agency maintains a single information point at which a list of all ongoing consultations is kept.
(2) Where intended measures under sections 10 and 11 would affect trade between the Member States of the European Union, the Federal Network Agency, upon completion of the consultation procedure, transmits the draft measures simultaneously to the Commission, BEREC, and the national regulatory authorities of the other Member States of the European Union, unless a recommendation or guideline adopted by the Commission under Article 34 of Directive (EU) 2018/1972 provides for an exception to the transmission obligation. Section 199(3) and (4) applies correspondingly. The Federal Network Agency does not adopt intended measures under sections 10 and 11 before the expiry of one month from transmission to the Commission.
(3) The Federal Network Agency takes the fullest possible account of the comments of the Commission, BEREC, and the other national regulatory authorities submitted within the one-month period referred to in subsection (2), third sentence.
(4) Where the Commission notifies, within the one-month period under subsection (2), third sentence, that
1. it has serious doubts as to the compatibility of the intended measures under sections 10 and 11 with the law of the European Union and, in particular, with the objectives of Article 3 of Directive (EU) 2018/1972, or that
2. those measures would create a barrier to the internal market, the Federal Network Agency does not adopt those measures before the expiry of a further two months from the Commission's notification, where they comprise:
1. the definition of a relevant market that differs from the markets defined in the version of Recommendation (EU) 2020/2245 in force at the time, or
2. a finding that one or more undertakings hold significant market power on a market.
(5) Where the Commission, within the two-month period referred to in subsection (4), requires the Federal Network Agency to withdraw the draft intended measure under sections 10 and 11, the Federal Network Agency amends the draft within six months of the date of the Commission's decision, or notifies the Commission within that six-month period that it is withdrawing the draft. Where the Federal Network Agency amends the draft intended measure, it conducts the consultation procedure under subsection (1) and submits the amended draft to the Commission under subsection (2). The Federal Network Agency informs the Federal Ministry for Digital Affairs and State Modernisation of the Commission's decision and of its further course of action under the first sentence.
(6) The Federal Network Agency publishes, without delay after the Commission's comments, the results of the market definition under section 10 and the market analysis under section 11, subject to safeguarding the business and trade secrets of the parties involved, and transmits them to the Commission and BEREC. Section 199(3) and (4) applies correspondingly. Where the procedure under subsections (2) to (5) does not apply, the Federal Network Agency publishes the results of the market definition under section 10 and the market analysis under section 11, generally within one month of the end of the comment period under subsection (1), first sentence, having regard to the comments received.
(7) The Federal Network Agency may adopt appropriate interim measures where it considers, in exceptional circumstances, that urgent action is required, without complying with the procedure under subsections (1) to (5), in order to safeguard competition and protect users' interests. It notifies these measures, without delay after their adoption, to the Commission, BEREC, and the other national regulatory authorities, together with full reasons. Where the Federal Network Agency decides to impose these measures on a permanent basis or to extend their period of validity, subsections (1) to (5) apply.
(8) The Federal Network Agency may withdraw a draft market definition and market analysis under sections 10 and 11 at any time.