Hungary (January 1 1997)

From AntitrustWorldWiki
Jump to: navigation, search

Score = 20

Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997. [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


References

  1. Full text of the statute could not be found, secondary sources used.
  2. Dr. Hidasi & Partners Law Office Newsletter, available at http://www.hidasi.hu/menu_5_eng.htm <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 http://www.gvh.hu/domain2/files/modules/module25/pdf/GVH_OGy_beszamolo_1998_a.pdf (hereinafter referred to as "HCA Report")
  4. Hungary Profile Fact Sheet prepared for ECI, July 2000, available at http://www.euroinfo.org.pl/filespace/rynki/hungary.pdf (hereinafter referred to as "Fact Sheet")
  5. Central Europe Automative Report, available at http://autoindustry.com/issues/9610b.pdf (hereinafter referred to as "Automotive Report")
  6. British Institute of International and Compaative Law, Unfair Commercial Practices, available at http://www.biicl.org/files/883_national_reports_unfair_commercial_practices_new_member_states%5Bwith_dir_table_and_new_logo%5D.pdf (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 http://www.oecd.org/dataoecd/52/15/39554030.pdf at 3
  23. Automoive Report at 5
  24. HCA Report at 8
  25. Automoive Report at 5
  26. BIICL Report at 77