Hungary (June 2003)

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Score = 24

Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices last amended by Act XXXI of 2003 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 1(1) says that the Act applies to practices abroad that have effects in Hungary.
Remedies Fines 1 Article 78 has guidelines for the imposition of fines.
Prison Sentences 0
Divestitures 1 Article 31 allows divestiture
Private Enforcement 3rd Party Initiation 1 Article 69(1) says that a person whose rights or interests are affected by a violation can file a complaint with the Office of Economic Competition.
Remedies Available to 3rd Parties 1 Article 69(7) says that a complainant may seek a legal remedy pursuant to a decision of the Office of Economic Competition.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 24 requires notification of mergers worth over a certain monetary threshold.
Pre-merger 0
Post-merger 1 Article 28(2) says that the notification must offer within 30 days of the date of either the invitation to tender to the conclusion of the contract.
Merger Assessment Dominance 1 Article 30(2) says that a merger cannot be refused if it does not create or strengthen a dominant position.
Restriction of Competition 1 Article 30(1)(a) lists the effects on competition as one of the main factors in merger assessment.
Public Interest (Pro D) 1 Article 30(1)(c) considers the effect on suppliers, intermediate consumers, and ultimate consumers
Public Interest (Pro Authority) 1 Article 30(1)(c) considers the effect on suppliers, intermediate consumers, and ultimate consumers
Other 0
Efficiency 0
Dominance Limits Access 1 Article 21 lists several prohibitions relating to restricting access to products and the market.
Abusive Acts 1 Article 21 prohibits abuse of a dominant position.
Price Setting 1 Article 21(a) prohibits price setting.
Discriminatory Pricing 1 Article 21(g) prohibits discriminatory pricing.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 21(i) prohibits hindering market entry.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 11(2)(a) prohibits price fixing.
Tying 1 Article 11(2)(h) prohibits tying arrangements.
Market Division 1 Article 11(2)(d) prohibits market allocation.
Output Restraint 1 Article 11(2)(b) prohibits limiting production.
Market Sharing 1 Article 11(2)(d) prohibits market sharing.
Eliminating Competitors 1 Article 11(1) prohibits eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 11(2)(e) prohibits collusive tendering.
Supply Refusal 1 Article 11(2)(c) prohibits the exclusion of a specified group of consumers from purchasing certain goods.
Efficiency Defense 1 Article 17 allows exemptions to the Article 11 prohibitions for agreements that contribute to a more reasonable organization of production or distribution.

References

  1. Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e