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Application of EU Competition Law by the Hungarian Judiciary: Cooperation with the ECJ and Relying on the Case Law of the ECtHR

  • Mónika PappEmail author
Chapter
Part of the Studies in European Economic Law and Regulation book series (SEELR, volume 9)

Abstract

This chapter deals with the application of EU competition law by the Hungarian judiciary. It will first sketch the contours of requesting a preliminary ruling from the European Court of Justice as an ordinary practice of Hungarian courts. As Hungarian courts are very active in posing preliminary questions, it comes as a surprise that in competition law matters the judiciary seems to be more inclined to rule on the interpretation of EU competition law without the help of the ECJ. Since 2015, two ECJ judgments were issued on antitrust matters. The second part of the chapter provides a deeper examination of a recent Supreme Court judgment and a Constitutional Court judgment. Both judgments concern the nature of competition law proceedings as decided by the European Court of Human Rights. The penal nature of antitrust procedures and its implication on the standard of proof was in the centre of discussion at the highest level of the court system in Hungary.

Keywords

National Court Judicial Review Competition Authority Preliminary Ruling Antitrust Enforcement 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Notes

Acknowledgments

Research was also financed by OTKA (No K-109414 project). The author would like to thank Márton Varju, Zoltán Marosi and András Kovács for their helpful comments on this topic. Any error or omission remains the author’s.

Copyright information

© Springer International Publishing AG 2017

Authors and Affiliations

  1. 1.Law SchoolUniversity of Eötvös LorándBudapestHungary
  2. 2.Center for Social Sciences, HPOPs- Lendület Research Group, Hungarian Academy of SciencesBudapestHungary

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