Administrative sanctions in the case of concentrations are imposed in the form of a single or periodic pecuniary amount for those acts of undertakings which constitute an infringement of the ZPOmK-2 and which are laid down by law as an administrative offence and subject to administrative sanctions. For an administrative offence, the Senate imposes an administrative sanction on the company in an individual case in an administrative procedure (Article 84).

In merger assessments, there are three types of administrative sanctions (Article 85):

a)    administrative sanction, in the form of a single monetary amount, up to a maximum of 10 % of the annual turnover of the undertaking concerned together with other undertakings in the group during the preceding financial year, if, intentionally or negligently:

• fails to notify a concentration to the Agency in accordance with Article 67 or fails to notify it within the period laid down in Article 67; or
• in contravention of paragraph 68, exercise (early) the rights or obligations arising from the concentration; or
• fails to implement the remedies or obligations laid down in the decision on the conformity of the concentration with the competition rules referred to in Article 70 or 74; or
• acts contrary to the decision on the non-compliance of the concentration with the competition rules referred to in Article 74; or
• acts in contravention of an enforceable decision on measures to eliminate the effects of a concentration under Article 77.

b)    administrative sanction in the form of a single pecuniary amount up to a maximum of 1 % of the annual turnover in the concentration of the undertaking concerned in the preceding financial year, if, intentionally or negligently:

• in response to a request for information referred to in the first paragraph of Article 52, supply incorrect or misleading information; or
• in response to a specific decision to provide the information referred to in the second paragraph of Article 52 of this Act, it submits incorrect, incomplete or misleading information or fails to supply this information within the required time limit; or
• does not respond to the invitation to the interview referred to in the second paragraph of Article 53 of this Act, 
• it shall provide incorrect or misleading information in the notification form.

c)    a periodic administrative sanction, in the form of a daily monetary amount of not more than 5 % of the average daily total turnover of the undertaking in the preceding business year, to compel it to:

• the submission of complete and correct information upon request for the provision of data by decision referred to in the second paragraph of Article 52;
• participation in the interview for the collection of information referred to in Article 53 of this Act.

The Director may, by decision not appealed, impose a periodic administrative penalty. The operative part of the decision shall indicate the infringement and the amount of the percentage of the average daily total turnover in the preceding business year. The Agency shall only pay the daily periodic administrative sanction referred to in the preceding paragraph from the date of the decision until the fulfilment of the obligation.