Resolutions

Resolutions

There are two types of the resolutions, which are adopted in the course of competition supervision proceedings: they are either decisions or injunctions. The Competition Council reaches decisions when it decides on the substance of cases: it decides whether to authorise or not a concentration or establishes an infringement of the law or establishes that the conduct in question is not unlawful. Relating to all other issues including procedural questions, the competition council or the investigator decides by injunctions. Accordingly, the proceeding is terminated by injunction where the evidence obtained does not allow the existence of an infringement to be found or where the public interest does not justify the initiation or continuation of a proceeding or for administrative reasons (such as the withdrawal of the application for authorisation of the concentration or the non-fulfilment of the request for completion).

Until 1 November 2005 exclusively decisions were issued and it has only been since that date that a distinction is made, in compliance with the principles laid down by Act CXL of 2004 on the General Rules of Public Administrative Procedures and Services (which has also been in force since that date) between resolutions issued as decisions and those issued as injunctions.

On this website only resolutions of the Hungarian Competition Authority adopted after 1 January 1997, the date of entry into force of the Competition Act, are available.

[In English legal language the term "orders" means directions of courts or other authorities while "injunctions" are orders commanding or preventing an action. In Hungarian, for both of the words "order" and -injunction- the word "végzés" is used. The Hungarian text of the Competition Act mentions "végzés" more than 80 times. Therefore, as a simplification of the usage, the English translation of the Competition Act speaks exclusively of injunctions rather than using both of the terms "order" and "injunction".]