Hungary (November 1, 2005): Difference between revisions
Jump to navigation
Jump to search
No edit summary |
No edit summary |
||
| Line 1: | Line 1: | ||
'''Score = 25''' | '''Score = 25''' | ||
''Governed by:'' Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended, effective November 1, 2005. | ''Governed by:'' 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> | ||
Latest revision as of 05:05, 2 January 2008
Score = 25
Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005. [1][2]
| 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[3] | |
| 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 21 lists several prohibitions relating to restricting access to products and the market. |
| Abusive Acts | 1 | Article 21 prohibits abuse of a dominant position. | |
| Price Setting | 1 | Article 21(a) prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 21(g) prohibits discriminatory pricing. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 21(i) prohibits hindering market entry. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 11(2)(a) prohibits price fixing. |
| Tying | 1 | Article 11(2)(h) prohibits tying arrangements. | |
| Market Division | 1 | Article 11(2)(d) prohibits market allocation. | |
| Output Restraint | 1 | Article 11(2)(b) prohibits limiting production. | |
| Market Sharing | 1 | Article 11(2)(d) prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 11(1) prohibits agreements that have the object or effect of eliminating competition | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Article 11(2)(c) prohibits the exclusion of a specified group of consumers from purchasing certain goods. | |
| Efficiency Defense | 1 | Article 17 allows exemptions to the Article 11 prohibitions for agreements that contribute to a more reasonable organization of production or distribution. |
References
- ↑ 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