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Substantial reduction of fine thanks to cooperation of the parties

The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT products of Szent János Hospital and Észak-budai Egyesített Hospitals, as the concerned undertakings had entered into an agreement which determined the winning bidder of the tender process in May 2015, with the undertakings coordinating their prices accordingly. However, during the proceeding both undertakings cooperated with the GVH, and therefore a total fine reduction of more than ten million HUF (cca 31 thousand EUR) was granted.

The significant total fine reduction of more than ten million HUF was partly a result of the fact that GE Hungary Kft. had submitted a leniency application in which it acknowledged that it had committed a competition law infringement, also attaching evidence supporting the establishment of an infringement. On the other hand, Silver Wood – IT Kft. acknowledged the statement of facts established by the GVH and forfeited its right of appeal in the framework of a settlement procedure; consequently, the GVH reduced the fine imposed on Silver Wood – IT Kft. by 30%. A further reduction of 5% was granted because the undertaking elaborated a post-compliance programme and undertook to verify the implementation of it in a detailed manner.

Taking into account the cooperative behaviour of the undertakings and the relevant provisions of the applicable leniency policy, the GVH did not impose a fine on GE Hungary Kft., while in the case of Silver Wood – IT Kft., in accordance with the above, the GVH reduced the fine imposed on it by more than a third to 2,600,000 HUF (cca 8 thousand EUR). Consequently,the GVH granted a total fine reduction of more than ten million HUF having regard to the cooperation of the undertakings.

Case number: Vj/19/2017

Budapest, 3 September 2018

Hungarian Competition Authority


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