Competing fairly - Hungary

Updated 12/2010

Legal requirements

Regulation of the Hungarian market includes competition law in harmony with Community Regulations, joint statements issued by the presidents of the Hungarian Competition Authority and the Competition Council, and principled opinions drawn up by the Competition Council of the Hungarian Competition Authority.

Competition Act [404 KB]
Hungarian Competition Authority

Anti-trust rules

The Competition Act has defined the following prohibitions under competition law in the interests of defining the requirements for fair trade and creating respect for and freedom of economic competition: (1) a prohibition of unfair market practices; (2) a prohibition of unfairly influencing business decisions; (3) a prohibition of cartels; (4) a prohibition of abuse of a dominant economic position; (5) monitoring of concentrations (merger control).

Prohibitions under competition law

Unfair market practices

Under the Competition Act, it is forbidden to pursue an economic activity unfairly - especially in a manner that harms or threatens competitors or the legal interests of consumers, or conflicts with the fair trade requirements. The Act also contains specific prohibitions, for example on damaging reputation or credit, or unfairly obtaining, using, publishing or reproducing trade secrets.

Unfairly influencing business decisions

The prohibition on unfairly influencing business decisions signifies a prohibition on the deception of trading partners. Deception of trading partners includes stating false facts regarding the price of goods or their actual ownership; ignoring the fact that goods do not fulfil the legal provisions; or providing misleading information, especially giving a false appearance of a favourable deal.

Agreements

Under the Competition Act, it is prohibited to conclude agreements between companies and to engage in harmonised behaviour. This does not include agreements that come into being for companies that are not independent of each other, are of very small size or where the agreement has been exempted from the prohibition by Government Decree.

Abuse of dominant position

Exploitative abuse: This affects buyers directly, for instance as a result of using unjustifiably high prices.
Restrictive abuse: This only affects buyers indirectly. Specifically, it means a restriction of competition, for instance in the form of unjustified preclusion from concluding a contract.

The Competition Act provides a hint by listing certain kinds of behaviour that conflict with the prohibition on abuse of a dominant economic position.

Concentration of companies

The essence of monitoring concentrations of companies is that mergers may only take place after preliminary permission has been granted by the Hungarian Competition Authority, and under defined conditions. Merger control is used to ensure that key company mergers, acquisitions or takeovers that restrict competition cannot avoid mandatory monitoring by the competition supervisory authorities.

State aid

The main rules relating to access to support provided from the Budget are contained in the Government Decree on Procedures Relating to the State Budget Act and State Aid.

State Budget Act
Government Decree on Procedures Relating to State Aid

In the interests of transparency of aid paid from the public purse, the method by which aid is made public is regulated by separate legislation.

Act on the Transparency of Aid Paid from the Public Purse

Consumer protection

The Consumer Protection Act defines the basic rights that consumers have, including the protection of consumers' health, safety and financial interests, the provision of information and training to consumers, endorsing consumers' compensation claims, and representation of consumers.

Consumer Protection Act
Decree on the Security of Goods and Services
Act Prohibiting Dishonest Commercial Practices in Respect of Consumers
Government Decree on Non-Trade Agreements Concluded with Consumers
Government Decree on Contracts Concluded Between Absentees
Decree on Detailed Rules for Highlighting the Sale Price and Unit Price of Products, Together With Service Charges

Consumers' compensation claims are endorsed by means of the consumer protection institution and through the serving of justice. The National Consumer Protection Authority, which operates under the leadership of the Ministry of Social Affairs and Labour, is responsible for implementing consumer protection legislation.

National Consumer Protection Authority

National Competition Authority

The Hungarian Competition Authority aims to support and promote market competition and protect the freedom and integrity of competition by ensuring compliance with competition law and anti-competition measures.

Hungarian Competition Authority

Strict provisions govern company mergers

Mergers — Hungary

Administrative procedures

Reporting a concentration of companies

Concentrations of companies require a licence from the Hungarian Competition Authority. Depending on the complexity of the case, the Authority may investigate whether the concentration may be permitted using the simplified or full procedure. The application forms to submit for a merger authorisation can be downloaded from the website of the Hungarian Competition Authority, in Hungarian and English.

Merger application form [330 KB]

The cut-off date for the simplified procedure is 35 days from receipt of the application or rectification of any deficiencies, which may be extended by 15 days on one occasion. If the case requires further investigation, the concentration must be evaluated using the full procedure ; in such cases the final decision must be made within 4 months, which may be extended by 45 working days on one occasion. Should the Authority find that the merger does not significantly reduce competition in the relevant market, especially as a consequence of the creation or reinforcement of market dominance, it may not refuse to issue a licence.

Merger control proceedings of the Hungarian Competition Authority

Companies are obliged to have a statement published in the Companies' Gazette regarding the transformation within 8 days of the final decision, and the statement must be published in two consecutive issues.

Companies' Gazette
Winding up and transforming companies

Applications for registering or amending details must be submitted electronically.

Electronic payment of stamp duties and costs for company procedures
Downloadable company registration documents and programs
Company Information and Electronic Company Registration Service

Reports relating to aid transparency

The aim of the website on aid paid from the public purse is to make information available free of charge to interested parties concerning European Union resources, and information on aid provided for programmes financed under international agreements. Once they submit their bids, bidders must submit a declaration if they come to be affected during the tender process, in a manner defined by law. If the bidder does not initiate publication before the deadline (within 8 working days), it may not partake of the aid. It must also make a declaration to the effect that it has no conflicts of interest, or that any conflicts of interest have been terminated by the bidder.

Downloadable forms

Competition supervisory procedure

The Hungarian Competition Authority may initiate proceedings officially or upon request, if it receives a complaint or report of behaviour that contravenes the law.

Complaints and reports can be lodged by anyone, at no cost. Reporting forms can be downloaded from the Hungarian Competition Authority website:

Form for reporting behaviour that contravenes the Competition Act [281 KB]
Reporting form for consumer deception cases [297 KB]
Reporting form for anti-trust cases [236 KB]
Form for reporting under the Commerce Act [117 KB]

In cases instigated due to commercial practices that are unfair on consumers, the Hungarian Competition Authority will make a decision within 3 months of the investigation having been ordered. This period may be extended twice, by no more than 45 working days each time. Procedures to investigate agreements that restrict competition or abuse of a dominant economic position must be completed within 6 months ; this deadline may be extended twice, by no more than 6 months each time.

Supervisory procedures of the Hungarian Competition Authority
Competition supervisory procedure

Resources

Contact details for the Hungarian Competition Authority are available on its website.

Contact details for the Hungarian Competition Authority

The Combined Blacklist was created at the instigation of civil society and is an online database of Hungarian companies that uses tax numbers to link up and pin down to companies any of the various official procedures and offences that have come to light since 1 January 1998.

Blacklist

Information on aid provided from programmes financed from the State Budget, European Union sources or under international agreements can be accessed by anyone on the website about aid paid from the public purse. The body accepting the bid publishes the object of the tender, the tenderer, the bidder, and the amount demanded (within 5 working days of acceptance of the bid), and the extent to which the bidders are affected by the tender procedure, as defined by law.

Aid paid from the public purse

Programmes

As part of developing a Hungarian competition culture, the Hungarian Competition Authority is striving to promote regulation that ensures social acceptance of competition, law-abiding behaviour, and conscious decision-making by consumers.

Competition Culture Centre of the Hungarian Competition Authority

Check also the legislation on this topic in:

Competing fairly - Hungary