Hungary (June 2003)

Score = 24

Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices last amended by Act XXXI of 2003 (hereinafter referred to as “Competition Act”).

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	0
	Divestitures	1	Article 31 allows divestiture
Private Enforcement	3rd Party Initiation	1	Article 69(1) says that a person whose rights or interests are affected by a violation can file a complaint with the Office of Economic Competition.
	Remedies Available to 3rd Parties	1	Article 69(7) says that a complainant may seek a legal remedy pursuant to a decision of the Office of Economic Competition.
	3rd Party Rights in Proceedings	0
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	0
	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 eliminating competition.
	Collusive Tendering/Bid-Rigging	1	Article 11(2)(e) prohibits collusive tendering.
	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.