Kajrozga: New page: '''Score = 20''' ''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997, as amended in December 2000 and put ...

2008-01-08T02:34:38Z

New page: '''Score = 20''' ''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997, as amended in December 2000 and put ...

New page

'''Score = 20'''

''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997, as amended in December 2000 and put into effect Febuary 2001.
<ref>Full text of the statute could not be found, secondary sources used.</ref><ref>Dr. Hidasi & Partners Law Office Newsletter, available at http://www.hidasi.hu/menu_5_eng.htm <hereinafter referred to as "Newsletter")</ref><ref>Annual Report on Competition Policy Developments in Hungary, July 1997-December 1998, publisged by Hungarian Competition Authority, available at http://www.gvh.hu/domain2/files/modules/module25/pdf/GVH_OGy_beszamolo_1998_a.pdf (hereinafter referred to as "HCA Report")</ref><ref>Hungary Profile Fact Sheet prepared for ECI, July 2000, available at http://www.euroinfo.org.pl/filespace/rynki/hungary.pdf (hereinafter referred to as "Fact Sheet")</ref><ref>Central Europe Automative Report, available at http://autoindustry.com/issues/9610b.pdf (hereinafter referred to as "Automotive Report")</ref><ref>British Institute of International and Compaative Law, Unfair Commercial Practices, available at http://www.biicl.org/files/883_national_reports_unfair_commercial_practices_new_member_states%5Bwith_dir_table_and_new_logo%5D.pdf (hereinafter referred to as "BIICL Report")</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 1 reaches activities occurring abroad. <ref>HCA Report at 5</ref>

|- class="categorydivision"
| Remedies
| Fines
| 1
| The Act imposes fines.<ref>HCA Report at 8</ref>

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 31 allows divestiture of improper mergers.<ref>HCA Report at 5</ref>

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| An affected party can file a report, which initiates a required assessment by the HCA on whether to proceed with action. A rejection is appeallable. <ref>Newsletter</ref>

|-
|
| Remedies Available to 3rd Parties
| 1
| Affected parties can request compensation for damages. <ref>Newsletter</ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Notification is mandatory.<ref>HCA Report at 5</ref>

|-
|
| Pre-merger
| 2
| Merger notification is required pre-merger.<ref>HCA Report at 5</ref>

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 30 considers whether a merging entity will be in a dominant position post-merger.<ref>HCA Report at 5</ref>

|-
|
| Restriction of Competition
| 1
| Article 30 considers whether a merger will impede competition.<ref>HCA Report at 5</ref>

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 30 allows consideration of pro-competitive effects of a merger.<ref>HCA Report at 5</ref>

|- class="categorydivision"
| Dominance
| Limits Access
| 0
|

|-
|
| Abusive Acts
| 1
| Article 14 prohibits abusive acts by dominant firms.<ref>HCA Report at 5</ref>

|-
|
| Price Setting
| 1
| The HCA ruled predatory pricing as anti-competitive.<ref>HCA Report at 10</ref>

|-
|
| Discriminatory Pricing
| 0
|

|-
|
| Resale Price Maintenance
| 1
| The Act prohibits resale price maintenance<ref>Fact Sheet at 18</ref>

|-
|
| Obstacles to Entry
| 1
| Article 22 prohibits dominant firms from creating barriers to entry.<ref>HCA Report at 5</ref>

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| The Act prohibits cartels and other price-fixing arrangements. <ref>Newsletter</ref><ref>The HCA investigated a price-setting agreement in 2000, see http://www.oecd.org/dataoecd/52/15/39554030.pdf at 3</ref>

|-
|
| Tying
| 0
|

|-
|
| Market Division
| 1
| The Act prohibits agreements that divide markets.<ref>Automoive Report at 5</ref>

|-
|
| Output Restraint
| 1
| The HCA found anticompetitive the co-ordination of production and distribution.<ref>HCA Report at 8</ref>

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 1
| The Act prohibits agreements that restrict comeptition in the market.<ref>Automoive Report at 5</ref>

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 7 prohibits collusive tenders. <ref>BIICL Report at 77</ref>

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 0
|

|}

== References ==
<references />

Hungary (Febuary 2001) - Revision history

Kajrozga: New page: '''Score = 20''' ''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997, as amended in December 2000 and put ...