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– as it can be seen from a „new” MS
Future of the ECN – as it can be seen from a „new” MS József Sárai Gazdasági Versenyhivatal (GVH – Hungarian Competition Authority)
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Hungarian approach towards convergence
„Starting point” Hungarian approach towards convergence Regulation 1/2003 Transparency Long-term perspective
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Starting point EC / Hungary Association Agreement (signed on 16 December 1991) 13 years spent in association status and its consequences since 1 May 2004: new (?) status
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Hungarian approach towards convergence
EC substantive rules / national procedural rules, sanction and leniency policies leniency: ECN Model Leniency Programme (September 2006) procedural rules: high level of convergence, BUT… sanction policies: room for approximation
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Regulation 1/2003 all the instruments have proved to be successful
minor corrections might be rational (e.g.:) clear rules for SI-related cooperation amount of fine to be covered by Article 11/4 fostering Article 22 assistance
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Transparency information flow within the ECN
information about the operation of the ECN towards the businesses [BUT: confidentiality has to be maintained where necessary („well-dosed” transparency)]
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Long-term perspective
Further convergence of national procedural rules and sanction (fining) policies More transparent operation One possible further way of developments: the „consent solution”: instead of parallel proceedings by two or more NCAs proceeding by one NCA on behalf of the other(s) Precondition: national laws have to be able to allow: undertaking of the assessment of anticompetitive effects pursued on the territory of another MS; to give consent to another NCA authorising it to impose fine for anticompetitive effects pursued on its territory Presupposes close cooperation among the NCAs (role of regional cooperation! – like CECI)
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Thank you very much for your attention!
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