Cm alcm ha van

1
Future of the ECN as it can be seen from a
new MS
József Sárai Gazdasági Versenyhivatal (GVH
Hungarian Competition Authority)
2
Starting point Hungarian approach towards
convergence Regulation 1/2003 Transparency Long-t
erm perspective
3
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

4
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

5
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

6
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)

7
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)

8

• Thank you very much for your attention!