(1) A price agreement is an agreement on the amount of the price or an agreement on the method used to design the price, provided that this method sufficiently determines the price. The price agreement is also created by the buyer paying the price of the goods in the amount required by the seller.
(1) The inappropriate price may not be agreed
- between the sellers and the buyers in the sale or purchase of goods for export and re-import of the same goods for which subsidies are provided from the state budget or state funds or for which financial aid is provided from abroad or from the European Union,
- by a seller in the dominant position on the market within the sale of goods,
- by the seller or the buyer, if he/she is in a more advantageous economic position when selling or buying food porducts; a seller or buyer who agrees on a market price without being exposed to significant price competition in the relationship between the seller and the buyer has a more advantageous economic position for the purposes of this Act, while the competent price authority assesses the seller's or buyer's more advantageous economic position based on the quantity of the goods purchased or sold, to market share, economic and financial strength, legal or other barriers to entry market, the degree of affiliation through persons of property with other persons on the relevant market and other factors relevant for the assessment of the economic position of the entity on the market.
(2) An agreed price which significantly exceeds the economically justified costs, or a reasonable profit margin shall be deemed as an inappropriate price on a part of the seller pursuant to subsection (1).
(3) An agreed price, which is considered to be significantly below the economically justified costs shall be deemed as an inappropriate price for the buyer according to point (a) of Subsection 1. An agreed price, which is considered to be below economically justified costs, other than the purchase of food products, when the stock is sold out, due to the approaching expiry date or the approaching date of minimum durability, or in the event of closure shall be deemed as an inappropriate price on the part of the buyer pursuant to point (c) of subsection (1).
(1) If the price control authorities find a breach of price discipline at the audited entity pursuant to Section 17, they shall impose a fine in the valid currency unit
- from EUR 30,000 up to five times the difference between the agreed price and the price that should have been agreed in accordance with the price rules, whereas the amount of the difference being assessed for the purposes of quantification according to the payments actually made, or
- from EUR 30,000 to EUR 75,000, if the difference under point (a) cannot be quantified or if there is a breach of price discipline other than that referred to in point (a).
(2) If the price control authority repeatedly finds a breach of price discipline within 12 months, it may impose a fine of up to EUR 150,000 on the audited entity in the valid currency unit and file an initiative to revoke the trade license pursuant to a special regulation.