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Judgements of the Curia, the highest court in Hungary

Medical equipment cartel (Kfv.I.37.452/2023)

Main findings of the court:

  • In competition cases, a fine may be imposed for exceeding the time limit.
  • Even if the time limit is exceeded for a short period of time, the applicants may still have the opportunity to prove additional harm, which must be assessed in the context of the amount of the fine.
  • In order to establish the existence of a restriction by object, the sufficient degree of harm required by the case-law requires the existence of a sufficiently firm and reliable finding that the agreement of the type in question is, by its very nature, harmful to the proper functioning of competition. This does not require a detailed market impact assessment, but it does require an assessment of the content of the agreement, its objectives and its economic and legal background, in order to determine whether it can be considered to be of such a nature as to show a sufficient degree of harm to competition."

Competition Law Research Centre

Pázmány Péter Catholic University, Faculty of Law and Political Sciences