Hungary (January 1 1997)
Score = 19
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][4][5]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 1 reaches activities occurring abroad. [6] |
| Remedies | Fines | 1 | The Act imposes fines.[7] |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 31 allows divestiture of improper mergers.[8] | |
| 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. [9] |
| Remedies Available to 3rd Parties | 1 | Affected parties can request compensation for damages. [10] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Notification is mandatory.[11] | |
| Pre-merger | 2 | Merger notification is required pre-merger.[12] | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 30 considers whether a merging entity will be in a dominant position post-merger.[13] |
| Restriction of Competition | 1 | Article 30 considers whether a merger will impede competition.[14] | |
| 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.[15] | |
| Dominance | Limits Access | 0 | |
| Abusive Acts | 1 | Article 14 prohibits abusive acts by dominant firms.[16] | |
| Price Setting | 1 | The HCA ruled predatory pricing as anti-competitive.[17] | |
| Discriminatory Pricing | 0 | ||
| Resale Price Maintenance | 1 | The Act prohibits resale price maintenance[18] | |
| Obstacles to Entry | 1 | Article 22 prohibits dominant firms from creating barriers to entry.[19] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | The Act prohibits cartels. [20][21] |
| Tying | 0 | ||
| Market Division | 1 | The Act prohibits agreements that divide markets.[22] | |
| Output Restraint | 1 | The HCA found anticompetitive the co-ordination of production and distribution.[23] | |
| Market Sharing | 0 | ||
| Eliminating Competitors | 1 | The Act prohibits agreements that restrict comeptition in the market.[24] | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
|
References
- ↑ Full text of the statute could not be found, secondary sources used.
- ↑ Dr. Hidasi & Partners Law Office Newsletter, available at http://www.hidasi.hu/menu_5_eng.htm <hereinafter referred to as "Newsletter")
- ↑ 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")
- ↑ Hungary Profile Fact Sheet prepared for ECI, July 2000, available at http://www.euroinfo.org.pl/filespace/rynki/hungary.pdf (hereinafter referred to as "Fact Sheet")
- ↑ Central Europe Automative Report, available at http://autoindustry.com/issues/9610b.pdf (hereinafter referred to as "Automotive Report"
- ↑ HCA Report at 5
- ↑ HCA Report at 8
- ↑ HCA Report at 5
- ↑ Newsletter
- ↑ Newsletter
- ↑ 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 10
- ↑ Fact Sheet at 18
- ↑ HCA Report at 5
- ↑ Newsletter
- ↑ The HCA investigated a price-setting agreement in 2000, see http://www.oecd.org/dataoecd/52/15/39554030.pdf at 3
- ↑ Automoive Report at 5
- ↑ HCA Report at 8
- ↑ Automoive Report at 5