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 [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 | 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[4] | |
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 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.[5] | |
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
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e
- ↑ Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf
- ↑ http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf
- ↑ http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf