Hungary/EU, 2005

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Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 and the Hungarian Competition Act: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices as amended July 2004, effective November 1, 2005.

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
	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 82(b) of the Rome Treaty prohibits limiting access.
	Abusive Acts	1	Article 82 of the Rome Treaty prohibits abuse of dominant position.
	Price Setting	1	Article 82(a) of the Rome Treaty prohibits price setting.
	Discriminatory Pricing	1	Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
	Resale Price Maintenance	1	Article 82(a) of the Rome Treaty prohibits resale price maintenance.
	Obstacles to Entry	1	Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 81(1)(a) of the Rome Treaty prohibits price fixing.
	Tying	1	Article 81(1)(e) of the Rome Treaty prohibits tying.
	Market Division	1	Article 81 of the Rome Treaty prohibits customer allocation clauses.
	Output Restraint	1	Article 81(1)(b) of the Rome Treaty prohibits limiting production.
	Market Sharing	1	Article 81(1)(c) of the Rome Treaty prohibits market sharing.
	Eliminating Competitors	1	Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
	Collusive Tendering/Bid-Rigging	1	Article 81 of the Rome Treaty prohibits bid-rigging.
	Supply Refusal	1	Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
	Efficiency Defense	1	Article 81(3) of the Rome Treaty allows an efficiency defense.