Hungary (Febuary 2001)

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Score = 20

Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997, as amended in December 2000 and put into effect Febuary 2001. [1][2][3][4][5][6]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 1 reaches activities occurring abroad. [7]
Remedies Fines 1 The Act imposes fines.[8]
Prison Sentences 0
Divestitures 1 Article 31 allows divestiture of improper mergers.[9]
Private Enforcement 3rd Party Initiation 1 An affected party can file a report, which initiates a required assessment by the HCA on whether to proceed with action. A rejection is appeallable. [10]
Remedies Available to 3rd Parties 1 Affected parties can request compensation for damages. [11]
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Notification is mandatory.[12]
Pre-merger 2 Merger notification is required pre-merger.[13]
Post-merger 0
Merger Assessment Dominance 1 Article 30 considers whether a merging entity will be in a dominant position post-merger.[14]
Restriction of Competition 1 Article 30 considers whether a merger will impede competition.[15]
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 30 allows consideration of pro-competitive effects of a merger.[16]
Dominance Limits Access 0
Abusive Acts 1 Article 14 prohibits abusive acts by dominant firms.[17]
Price Setting 1 The HCA ruled predatory pricing as anti-competitive.[18]
Discriminatory Pricing 0
Resale Price Maintenance 1 The Act prohibits resale price maintenance[19]
Obstacles to Entry 1 Article 22 prohibits dominant firms from creating barriers to entry.[20]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 The Act prohibits cartels and other price-fixing arrangements. [21][22]
Tying 0
Market Division 1 The Act prohibits agreements that divide markets.[23]
Output Restraint 1 The HCA found anticompetitive the co-ordination of production and distribution.[24]
Market Sharing 0
Eliminating Competitors 1 The Act prohibits agreements that restrict comeptition in the market.[25]
Collusive Tendering/Bid-Rigging 1 Article 7 prohibits collusive tenders. [26]
Supply Refusal 0
Efficiency Defense 0


  1. Full text of the statute could not be found, secondary sources used.
  2. Dr. Hidasi & Partners Law Office Newsletter, available at <hereinafter referred to as "Newsletter")
  3. Annual Report on Competition Policy Developments in Hungary, July 1997-December 1998, publisged by Hungarian Competition Authority, available at (hereinafter referred to as "HCA Report")
  4. Hungary Profile Fact Sheet prepared for ECI, July 2000, available at (hereinafter referred to as "Fact Sheet")
  5. Central Europe Automative Report, available at (hereinafter referred to as "Automotive Report")
  6. British Institute of International and Compaative Law, Unfair Commercial Practices, available at (hereinafter referred to as "BIICL Report")
  7. HCA Report at 5
  8. HCA Report at 8
  9. HCA Report at 5
  10. Newsletter
  11. Newsletter
  12. HCA Report at 5
  13. HCA Report at 5
  14. HCA Report at 5
  15. HCA Report at 5
  16. HCA Report at 5
  17. HCA Report at 5
  18. HCA Report at 10
  19. Fact Sheet at 18
  20. HCA Report at 5
  21. Newsletter
  22. The HCA investigated a price-setting agreement in 2000, see at 3
  23. Automoive Report at 5
  24. HCA Report at 8
  25. Automoive Report at 5
  26. BIICL Report at 77