Hungary/EU, 2005 - Revision history

KNovak at 15:55, 6 August 2008

2008-08-06T15:55:10Z

← Older revision		Revision as of 15:55, 6 August 2008
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	'''Score = 27'''		'''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 <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.
	<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>		<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>

KNovak at 15:35, 6 August 2008

2008-08-06T15:35:06Z

← Older revision		Revision as of 15:35, 6 August 2008
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 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.		\| 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.<ref>Green Paper: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0672:FIN:EN:PDF</ref>

	\|-		\|-

KNovak at 18:32, 5 August 2008

2008-08-05T18:32:30Z

← Older revision		Revision as of 18:32, 5 August 2008
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	'''Score = '''		'''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 <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.

KNovak at 18:20, 5 August 2008

2008-08-05T18:20:20Z

← Older revision		Revision as of 18:20, 5 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Article 1~~(1) ~~says that the Act applies~~ to ~~practices abroad that have effects in Hungary~~.		\| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Article 78 has guidelines for the imposition of fines.		\| Article 78 of the Hungarian Competition Act has guidelines for the imposition of fines.

	\|-		\|-
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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 1
	\| The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive practices<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>		\| The criminal code in Hungary was modified to include imprisonment as a punishment for certain anti-competitive. practices<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>

	\|-		\|-
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Article 31 allows divestiture		\| Article 31 of the Hungarian Competition Act allows divestiture.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| Article 43/H(1) allows 3rd parties to complain and initiate proceedings		\| Article 43/H(1) of the Hungarian Competition Act allows 3rd parties to complain and initiate proceedings

	\|-		\|-
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	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| Article 86(2)(e) allows interested parties to demand damages		\| 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.

	\|-		\|-
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	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 1
	\| Article 43/H(5) allows complaining 3rd parties access to procedural documents		\| Article 43/H(5) of the Hungarian Competition Act allows complaining 3rd parties access to procedural documents.

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification		\| Merger Notification<ref>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.</ref>
	\| Voluntary		\| Voluntary
	\| 0		\| 0
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 24 requires notification of mergers worth over a certain monetary threshold.		\| Article 24 of the Hungarian Competition Act requires notification of mergers worth over a certain monetary threshold.

	\|-		\|-
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	\| Post-merger		\| Post-merger
	\| 1		\| 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.		\| 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.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article 30(2) says that a merger cannot be refused if it does not create or strengthen a dominant position.		\| 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.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article 30(1)(a) lists the effects on competition as one of the main factors in merger assessment.		\| Article 30(1)(a) of the Hungarian Competition Act lists the effects on competition as one of the main factors in merger assessment.

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Article 30(1)(c) considers the effect on suppliers, intermediate consumers, and ultimate consumers		\| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

	\|-		\|-
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	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 1
	\| Article 30(1)(c) considers the effect on suppliers, intermediate consumers, and ultimate consumers		\| Article 30(1)(c) of the Hungarian Competition Act considers the effect on suppliers, intermediate consumers, and ultimate consumers.

	\|-		\|-
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	\| Other		\| Other
	\| 1		\| 1
	\| Article 30(1)(b) considers internal and external competitiveness		\| Article 30(1)(b) of the Hungarian Competition Act considers internal and external competitiveness.

	\|-		\|-

KNovak at 18:12, 5 August 2008

2008-08-05T18:12:14Z

← Older revision		Revision as of 18:12, 5 August 2008
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	\| 0		\| 0
	\|		\|

			\|- class="categorydivision"
			\| 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
			\|

			\|- class="categorydivision"
			\| 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.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

			\|-
			\|
			\| 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 ==
			<references />

KNovak: New page: '''Score = ''' ''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 Available at http...

2008-08-05T18:10:28Z

New page: '''Score = ''' ''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...

New page

'''Score = '''

''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.
<ref>Hungarian Competition Council website, http://www.gvh.ionlab.net/index.php?id=575&l=e</ref><ref>Text of statute, http://www.gvh.hu/domain2/files/modules/module25/jogi/Act_LVII_of_1996.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 1(1) says that the Act applies to practices abroad that have effects in Hungary.

|- class="categorydivision"
| 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<ref>http://www.freshfields.com/publications/pdfs/2005/complaw2005.pdf </ref>

|-
|
| Divestitures
| 1
| Article 31 allows divestiture

|- class="categorydivision"
| 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

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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
|