Hungary (January 1 1997)
Score =
Governed by: Act LVII of 1996 on the Prohibition of Unfair and Restrictive Market Practices entered into force on January 1 1997. [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 1 reaches activities occurring abroad. [2] |
| Remedies | Fines | 0 | |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 31 allows divestiture of improper mergers.[3] | |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Notification is mandatory.[4] | |
| Pre-merger | 2 | Merger notification is required pre-merger.[5] | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 30 considers whether a merging entity will be in a dominant position post-merger.[6] |
| Restriction of Competition | 1 | Article 30 considers whether a merger will impede competition.[7] | |
| 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.[8] | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 14 prohibits abusive acts by dominant firms.[9] | |
| Price Setting | 0 | ||
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 22 prohibits dominant firms from creating barriers to entry.[10] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 0 | |
| Tying | 0 | ||
| Market Division | 1 | Article 11(2)(d) prohibits market allocation. | |
| Output Restraint | 0 | ||
| Market Sharing | 0 | ||
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
|
References
- ↑ 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")
- ↑ HCA Report at 5
- ↑ HCA Report at 5
- ↑ HCA Report at 5
- ↑ HCA Report at 5
- ↑ HCA Report at 5
- ↑ HCA Report at 5
- ↑ HCA Report at 5
- ↑ HCA Report at 5
- ↑ HCA Report at 5