Hungary (January 1 1997): Difference between revisions

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''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>




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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>


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


|-
|-
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| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
| 0
| 1
|  
| The Act prohibits cartels. <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>


|-
|-

Revision as of 01:58, 8 January 2008

Score =

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]


Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 1 reaches activities occurring abroad. [4]
Remedies Fines 1 The Act imposes fines.[5]
Prison Sentences 0
Divestitures 1 Article 31 allows divestiture of improper mergers.[6]
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. [7]
Remedies Available to 3rd Parties 1 Affected parties can request compensation for damages. [8]
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Notification is mandatory.[9]
Pre-merger 2 Merger notification is required pre-merger.[10]
Post-merger 0
Merger Assessment Dominance 1 Article 30 considers whether a merging entity will be in a dominant position post-merger.[11]
Restriction of Competition 1 Article 30 considers whether a merger will impede competition.[12]
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.[13]
Dominance Limits Access 0
Abusive Acts 1 Article 14 prohibits abusive acts by dominant firms.[14]
Price Setting 1 The HCA ruled predatory pricing as anti-competitive.[15]
Discriminatory Pricing 0
Resale Price Maintenance 0
Obstacles to Entry 1 Article 22 prohibits dominant firms from creating barriers to entry.[16]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 The Act prohibits cartels. [17][18]
Tying 0
Market Division 0
Output Restraint 1 The HCA found anticompetitive the co-ordination of production and distribution.[19]
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
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. ↑ HCA Report at 5
  5. ↑ HCA Report at 8
  6. ↑ HCA Report at 5
  7. ↑ Newsletter
  8. ↑ Newsletter
  9. ↑ HCA Report at 5
  10. ↑ HCA Report at 5
  11. ↑ HCA Report at 5
  12. ↑ HCA Report at 5
  13. ↑ HCA Report at 5
  14. ↑ HCA Report at 5
  15. ↑ HCA Report at 10
  16. ↑ HCA Report at 5
  17. ↑ Newsletter
  18. ↑ The HCA investigated a price-setting agreement in 2000, see http://www.oecd.org/dataoecd/52/15/39554030.pdf at 3
  19. ↑ HCA Report at 8
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