Contracts of the utility industry pursuant to Section 31 (1) Nos. 1, 2 and 4 ARC regulating a public supply of water, as well as amendments and supplements thereto, shall require notification to the antitrust authority in order to become effective. The notification criteria set out in Section 31a (1) ARC shall be observed.
Contracts shall be registered separately in each case. Notification by one of the contracting parties shall suffice. A notification form is not prescribed.
The notification must contain the following information:
- the names and addresses of the contracting parties
- the date of the contract,
- the content of the contract, but at least
- the exclusive agreements or other agreements of the kind referred to in Sections 31 and 31a of the ARC contained in the contract
- all agreements regarding the term of the contract, in particular the commencement date, the end date, any extensions of the contract and notice periods, as well as; ,
- Contracting party and contract date of the contract replaced by the notified contract
Elements of the contract that are significant under antitrust law (including site plans, area maps, etc.) shall be enclosed.
Since the concrete text of the contract is decisive for the assessment under antitrust law, it must be evident from the notification. Therefore, the contractual agreements mentioned above may not be paraphrased, but must be filed with the full wording. Insofar as only the agreements relevant to competition are communicated from the entire contract, it must be recognizable at which point of the contract the regulation is to be found (indication of the respective section or other subdivision of the contract).