Hungary (November 1, 2005)

From AntitrustWorldWiki
Jump to: navigation, search

Score = 25

Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005. [1][2]


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 1 The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive practices[3]
Divestitures 1 Article 31 allows divestiture
Private Enforcement 3rd Party Initiation 1 Article 43/H(1) allows 3rd parties to complain and initiate proceedings
Remedies Available to 3rd Parties 1 Article 86(2)(e) allows interested parties to demand damages
3rd Party Rights in Proceedings 1 Article 43/H(5) allows complaining 3rd parties access to procedural documents
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 1 Article 30(1)(b) considers internal and external competitiveness
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 agreements that have the object or effect of eliminating competition
Collusive Tendering/Bid-Rigging 0
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
  2. Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf
  3. http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf