Cookie preferences

This website uses cookies to improve your browsing experience and to better tailor the website to your preferences. Below you can indicate your cookie preferences:

Essential cookies are cookies that are necessary for the correct functioning of the website (e.g., to avoid overload on the website, keeping it functional and accessible). These cookies can be placed without your consent.

Functional cookies are cookies that are necessary to improve your browsing experience or to provide a functionality explicitly requested by you (e.g. remembering your settings). These cookies can also be placed without your consent.

Analytical cookies are cookies that collect information about how you use the website to improve search engine hits and the functioning of the website (e.g. we see how visitors move around the website when they are using it to ensure that visitors find what they are looking for easily). These cookies are only placed if you have given your consent.

For more information about cookies and the list of cookies used on this website, see our Cookie Statement.

14 :
16 :
34 :
42


The final revised VBER is planned to enter into force on 1 June 2022. Did you know that the Distribution Law Center is already counting down?


Read the DLC Countdown newsletters on the changes to be expected: HERE.


Translations are available in Czech, CroatianDanishPortuguese, RomanianSlovak, Spanish and Swedish on the pages of our national contributors.


13 April 2022
0
Curia in Hungaria rejects Nitrogénművek Vegyipari Zrt’s application for suspension of enforcement.

The Hungarian Competition Authority (HCA) fined Nitrogénművek Vegyipari Zrt. and its affiliates (the group) HUF 11 billion after the Curia of Hungary rejects the group's request for suspension of enforcement.
 

Record fine for anti-competitive conduct

Do you remember the news item on anti-competitive conduct affecting the Hungarian artificial fertilizer market? A little reminder: In October 2021, the HCA imposed a fine of HUF 14.1 billion on the group and other market players involved for having systematically coordinated anti-competitive conduct on the Hungarian fertiliser market, in particular by concluding strategic framework agreements setting resale prices for retailers and prescribing minimum purchase amounts or including exclusivity clauses.

Do you want to know more about this fine, consult the original news item here.
 

The group's petition for interim relief

Half of the parties involved in the HCA’s investigation voluntarily admitted to the cartel. The others have already paid or are paying the fines imposed.

However, Nitrogénművek Vegyipari Zrt. challenged the HCA’s decision in court. It filed an application for interim relief to suspend enforcement of the decision, including the payment of the fine, pending the conclusion of the expected lengthy court proceedings.

An interim relief shall be granted by the court in case the applicant establishes, on the basis of the facts underlying the application, that its right or legitimate interest is infringed by the administrative act and the suspension of enforcement is therefore intended to avert an imminent threat of harm which the act may cause.

The group hence argued that unless enforcement of the HCA’s decision is suspended until a final decision in taken in the court proceedings, their operations will be restricted and even impeded by the fact that they will have to pay the immense fine imposed without any delay.
 

Decision of the Curia

The courts examined the group's arguments and came to a unanimous decision: first the Metropolitan Court of Budapest and then the Curia - with a final effect - rejected Nitrogénművek's request for interim relief, since they did not find it proven that the group's operations would be effectively impeded by the fine. Nitrogénművek must therefore immediately pay the full amount of the fine, irrespective of the outcome of the court proceedings, with a late payment penalty that has accumulated since the original deadline.


Save, download or share this article


Stay updated

Subscribe for free and get notified on the latest articles, documentation and publications.

More articles about Hungary

SEE MORE

Comment on this article

Sign in to post comments

Subscribe for free and get notified on the latest articles, documentation and publications.

The DLC’s Legal notice applies. contrast CVBA will process your data in accordance with the Privacy notice.