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Future of the ECN – 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 ). „Starting point” Hungarian approach towards convergence Regulation 1/2003 Transparency Long-term perspective.

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Future of the ECN – as it can be seen from a „new” MS

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  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-term perspective

  3. EC / Hungary Association Agreement (signed on 16 December 1991) 13 years spent in association status and its consequences since 1 May 2004: new (?) status Starting point

  4. 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 Hungarian approach towardsconvergence

  5. 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 Regulation 1/2003

  6. 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)] Transparency

  7. 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) Long-term perspective

  8. Thank you very much for your attention!

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