Hungary (January 1 1997): Difference between revisions

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New page: '''Score = ''' ''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997. <ref>Annual Report on Competition Pol...
 
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'''Score = '''
'''Score = 20'''


''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997.  
''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997.  
<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>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>




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| Remedies
| Remedies
| Fines
| Fines
| 0
| 1
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| The Act imposes fines.<ref>HCA Report at 8</ref>


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| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 3rd Party Initiation
| 0
| 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>


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|-
|  
|  
| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 0
| 1
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| Affected parties can request compensation for damages. <ref>Newsletter</ref>


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


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| Resale Price Maintenance
| Resale Price Maintenance
| 0
| 1
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| The Act prohibits resale price maintenance<ref>Fact Sheet at 18</ref>
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| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
| 0
| 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>


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| Market Division
| Market Division
| 1
| 1
| Article 11(2)(d) prohibits market allocation.
| The Act prohibits agreements that divide markets.<ref>Automoive Report at 5</ref>
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|-
|  
|  
| Output Restraint
| Output Restraint
| 0
| 1
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| The HCA found anticompetitive the co-ordination of production and distribution.<ref>HCA Report at 8</ref>


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| Eliminating Competitors
| Eliminating Competitors
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| 1
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| The Act prohibits agreements that restrict comeptition in the market.<ref>Automoive Report at 5</ref>
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|  
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| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 0
| 1
|  
| Article 7 prohibits collusive tenders. <ref>BIICL Report at 77</ref>
|-
|-

Latest revision as of 02:28, 8 January 2008

Score = 20

Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997. [1][2][3][4][5][6]


Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 1 reaches activities occurring abroad. [7]
Remedies Fines 1 The Act imposes fines.[8]
Prison Sentences 0
Divestitures 1 Article 31 allows divestiture of improper mergers.[9]
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. [10]
Remedies Available to 3rd Parties 1 Affected parties can request compensation for damages. [11]
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Notification is mandatory.[12]
Pre-merger 2 Merger notification is required pre-merger.[13]
Post-merger 0
Merger Assessment Dominance 1 Article 30 considers whether a merging entity will be in a dominant position post-merger.[14]
Restriction of Competition 1 Article 30 considers whether a merger will impede competition.[15]
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.[16]
Dominance Limits Access 0
Abusive Acts 1 Article 14 prohibits abusive acts by dominant firms.[17]
Price Setting 1 The HCA ruled predatory pricing as anti-competitive.[18]
Discriminatory Pricing 0
Resale Price Maintenance 1 The Act prohibits resale price maintenance[19]
Obstacles to Entry 1 Article 22 prohibits dominant firms from creating barriers to entry.[20]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 The Act prohibits cartels and other price-fixing arrangements. [21][22]
Tying 0
Market Division 1 The Act prohibits agreements that divide markets.[23]
Output Restraint 1 The HCA found anticompetitive the co-ordination of production and distribution.[24]
Market Sharing 0
Eliminating Competitors 1 The Act prohibits agreements that restrict comeptition in the market.[25]
Collusive Tendering/Bid-Rigging 1 Article 7 prohibits collusive tenders. [26]
Supply Refusal 0
Efficiency Defense 0


References

  1. ↑ Full text of the statute could not be found, secondary sources used.
  2. ↑ Dr. Hidasi & Partners Law Office Newsletter, available at http://www.hidasi.hu/menu_5_eng.htm <hereinafter referred to as "Newsletter")
  3. ↑ 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")
  4. ↑ 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")
  5. ↑ Central Europe Automative Report, available at http://autoindustry.com/issues/9610b.pdf (hereinafter referred to as "Automotive Report")
  6. ↑ 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")
  7. ↑ HCA Report at 5
  8. ↑ HCA Report at 8
  9. ↑ HCA Report at 5
  10. ↑ Newsletter
  11. ↑ Newsletter
  12. ↑ HCA Report at 5
  13. ↑ HCA Report at 5
  14. ↑ HCA Report at 5
  15. ↑ HCA Report at 5
  16. ↑ HCA Report at 5
  17. ↑ HCA Report at 5
  18. ↑ HCA Report at 10
  19. ↑ Fact Sheet at 18
  20. ↑ HCA Report at 5
  21. ↑ Newsletter
  22. ↑ The HCA investigated a price-setting agreement in 2000, see http://www.oecd.org/dataoecd/52/15/39554030.pdf at 3
  23. ↑ Automoive Report at 5
  24. ↑ HCA Report at 8
  25. ↑ Automoive Report at 5
  26. ↑ BIICL Report at 77
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