Difference between revisions of "Hungary/EU, 2005"

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''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.  
 
''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.  

Revision as of 13:32, 5 August 2008

Score = 27

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005. [2][3]


Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Article 78 of the Hungarian Competition Act 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[4]
Divestitures 1 Article 31 of the Hungarian Competition Act allows divestiture.
Private Enforcement 3rd Party Initiation 1 Article 43/H(1) of the Hungarian Competition Act allows 3rd parties to complain and initiate proceedings
Remedies Available to 3rd Parties 1 Article 86(2)(e) of the Hungarian Competition Act allows interested parties to demand damages. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.
3rd Party Rights in Proceedings 1 Article 43/H(5) of the Hungarian Competition Act allows complaining 3rd parties access to procedural documents.
Merger Notification[5] Voluntary 0
Mandatory 3 Article 24 of the Hungarian Competition Act requires notification of mergers worth over a certain monetary threshold.
Pre-merger 0
Post-merger 1 Article 28(2) of the Hungarian Competition Act 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) of the Hungarian Competition Act 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) of the Hungarian Competition Act lists the effects on competition as one of the main factors in merger assessment.
Public Interest (Pro D) 1 Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.
Public Interest (Pro Authority) 1 Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.
Other 1 Article 30(1)(b) of the Hungarian Competition Act considers internal and external competitiveness.
Efficiency 0
Dominance Limits Access 1 Article 82(b) of the Rome Treaty prohibits limiting access.
Abusive Acts 1 Article 82 of the Rome Treaty prohibits abuse of dominant position.
Price Setting 1 Article 82(a) of the Rome Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the Rome Treaty prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the Rome Treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the Rome Treaty prohibits tying.
Market Division 1 Article 81 of the Rome Treaty prohibits customer allocation clauses.
Output Restraint 1 Article 81(1)(b) of the Rome Treaty prohibits limiting production.
Market Sharing 1 Article 81(1)(c) of the Rome Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the Rome Treaty prohibits bid-rigging.[6]
Supply Refusal 1 Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the Rome Treaty allows an efficiency defense.

References

  1. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  2. Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e
  3. Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf
  4. http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf
  5. The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  6. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf