1. – 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)

2. Hungarian approach towards convergence
„Starting point”
Hungarian approach towards convergence
Regulation 1/2003
Transparency
Long-term 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!