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Competition & EU

Hungary

Competition authorities have increasingly far-reaching powers to investigate mergers, markets, sectors, cartels, market conduct and commercial arrangements. You face an ever-increasing risk of regulatory intervention, significant penalties, damages litigation and criminal liability.

Our dedicated competition and regulatory experts in CEE, including former regulators, can advise you on the entire range of contentious and non-contentious competition law issues. We regularly advise clients on competition matters across multiple jurisdictions in CEE, working closely together, to deliver consistent and joined-up advice. We have a successful track record in representing clients before national authorities and courts, as well as the European Commission and courts.

Extremely thorough [and] deeply experienced in the field of competition.
Chambers Europe, 2019

The CMS Competition Group is one of the largest teams in the market and works closely with the CMS EU Law Office in Brussels. We support clients on all their competition law needs: cartels, horizontal and vertical restraints, abuse of dominance, merger control, state aid, investigations and compliance, regulatory appeals, criminal liability, damages litigation, public procurement and consumer protection. Being compliant and implementing effective risk mitigation strategies is key.

Our large team of competition lawyers has extensive experience in helping navigate these challenges so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets and use our sector approach to help us understand your business environment and get to grips with your issues.

The Competition Team in Hungary is considered to be among the best practices in the country and in CEE with a stable, sector-focused team of specialists including former in-house lawyers and a former counsel of the Hungarian Competition Office. The team has achieved outstanding results in the past years in significant antitrust, abuse of dominance, merger control, misleading consumer cases and state aid matters.

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COV­ID-19 out­break and com­pet­i­tion law in Hun­gary: the com­pet­i­tion au­thor­ity...
High­lights of ex­per­i­ence in Com­pet­i­tion in Hun­gary
Ma­jor Hun­gari­an bank in the ju­di­cial re­view pro­ced­ure of the Hun­gari­an Com­pet­i­tion Of­fice’s in­fringe­ment de­cision re­lat­ing to the mul­ti­lat­er­al in­ter­change fees, where fol­low­ing the second in­stance court’s an­nul­ment of the in­fringe­ment de­cision, the Su­preme Court of Hun­gary has ini­ti­ated a pre­lim­in­ary rul­ing pro­ced­ure be­fore the European Court of Justice. CMS Bud­apest has already ap­peared in front of the European Court of Justice, which re­ceived strong pub­li­cism in the re­gion.Ma­jor me­dia com­pany on one of the rare cases of al­leged ab­use of dom­in­ance in the mar­ket of tele­vi­sion ad­vert­ising in Hun­gary. Us­ing our un­paired sec­tor know­ledge, we suc­cess­fully elab­or­ated an in-depth ana­lys­is and a de­tailed ar­gu­ment­a­tion clos­ing the case without es­tab­lish­ing any in­fringe­ment.CEE’s lead­ing Hun­gari­an bank­ing group on the mer­ger clear­ance of one of the largest cross-bor­der trans­ac­tions ever per­formed by a Hun­gari­an com­pany. The series of trans­ac­tions in­volved 6 jur­is­dic­tions with­in CEE and the team co­ordin­ated 26 cross-bor­der mer­ger fil­ings with the as­sist­ance of sev­er­al CMS of­fices.One of the largest Hun­gari­an com­pan­ies on the private dam­ages claim fol­low­ing the European Com­mis­sion’s in­fringe­ment de­cision and re­cord fine in the Truck car­tel case. CMS Bud­apest’s man­date in­volves the rep­res­ent­a­tion of sev­er­al for­eign sub­si­di­ar­ies, an in-depth pre­lim­in­ary an­ti­trust ana­lys­is of the po­ten­tial dam­ages, the pre­par­a­tion of the rel­ev­ant court claims, and the ini­ti­ation of an­ti­trust dam­ages ac­tions against each man­u­fac­turer af­fected.Hun­gary’s lead­ing tele­com com­pany on a com­par­at­ive ad­vert­ising case in the tele­com­mu­nic­a­tions sec­tor with a re­cord-break­ing fine. Fol­low­ing CMS Bud­apest suc­cess­ful coun­ter­ar­gu­ments in its fi­nal and bind­ing judge­ment the Hun­gari­an Su­preme Court over­ruled the Hun­gari­an Com­pet­i­tion Of­fice’s de­cision. There­fore, the au­thor­ity had to re­pay the re­cord-break­ing fine with in­terest to the com­panyMa­jor con­sumer products com­pany on the set­ting up of a JV with a com­pet­it­or; ad­vising on state aid mat­ters re­lat­ing to the new dis­trib­ut­or sys­tem in Hun­gary, pre­par­a­tion of code of con­duct and train­ing of teams in­volved.

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21 May 2020
CEE Mer­ger Clear­ance Mat­rix 2020
Cross bor­der M&A trans­ac­tions that re­quire mer­ger con­trol ap­provals in sev­er­al jur­is­dic­tions have be­come com­mon­place. To re­duce time delays and keep costs down, it is es­sen­tial to identi­fy at the early stages where and when to no­ti­fy the loc­al com­pet­i­tion
08 April 2020
CMS Ex­pert Guide to state aid in the EU dur­ing coronavir­us crisis
Any busi­ness in the world could be af­fected by the coronavir­us (COV­ID-19) pan­dem­ic. For many, ur­gent meas­ures need to be taken to avoid ser­i­ous fin­an­cial con­sequences as a res­ult of these chal­len­ging and un­pre­ced­en­ted times. Against this back­drop, gov­ern­ments are in­tro­du­cing new meas­ures to provide dir­ect fin­an­cial and non-fin­an­cial sup­port to busi­nesses of all sizes. Any such meas­ures need to com­ply with EU State Aid law and many will re­quire ap­prov­al by the EU Com­mis­sion.
29 July 2020
European Com­mis­sion: Pro­tec­tion of busi­ness secrets in court pro­ceed­ings...
On 22.07.2020, the European Com­mis­sion ("Com­mis­sion") pub­lished its no­tice on "Com­mu­nic­a­tion on the pro­tec­tion of con­fid­en­tial in­form­a­tion by na­tion­al courts in pro­ceed­ings for the private en­force­ment...
20 April 2020
CEE Green­field Guide
This guide to in­vest­ment in the Cent­ral and East­ern European (“CEE”) re­gion is in­ten­ded to help po­ten­tial in­vestors un­der­stand what in­cent­ives are avail­able when in­vest­ing in the lead­ing coun­tries in CEE. It also sets out in­form­a­tion about the pro­cess for
27 March 2020
CMS Ex­pert Guide to com­pet­i­tion law dur­ing coronavir­us crisis
02 July 2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
30 July 2019
High­lights of ex­per­i­ence in Com­pet­i­tion in Hun­gary
26 March 2020
CMS Ex­pert Guide to sta­bil­isa­tion and re­struc­tur­ing ini­ti­at­ive
10 June 2020
European Com­mis­sion pub­lishes sup­port stud­ies for the eval­u­ation of the...
The European Com­mis­sion has pub­lished sup­port stud­ies for the eval­u­ation of the Ver­tic­al Block Ex­emp­tion Reg­u­la­tion. The key find­ings in­clude that al­though the VBER and Ver­tic­al Guidelines re­main rel­ev­ant...
September 2019
CMS Com­pet­i­tion Con­tact Card
25 April 2018
CMS Ex­pert Guide to mer­ger con­trol law and reg­u­la­tion in the EU
Are you look­ing for leg­al in­form­a­tion on mer­ger con­trol? This CMS Ex­pert Guide provides you with everything you need to know.
27 May 2020
Hun­gary is­sues de­cree re­quir­ing min­is­teri­al ap­prov­al for cer­tain for­eign...
The Hun­gari­an gov­ern­ment has is­sued a new de­cree, No. 227/2020 that in­tro­duces tem­por­ary meas­ures for spe­cial trans­ac­tions re­lated to stra­tegic com­pan­ies in­cor­por­ated in Hun­gary. These meas­ures entered...