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Zsuzsanna Németh

Philip Morris (Budapest)

In-House Counsel

Zsuzsanna Németh is a Legal Counsel for MOL Plc. She primarily provides advice in relation to competition law, in particular cartels, state aid, the behaviour of dominant undertakings, distribution agreements and merger control issues. She has extensive experience in respect of the interface between intellectual property law and competition law.She was previously a member of the corporate practice group of Andrékó Kinstellar, Budapest. Before joining Kinstellar, she worked for the European Commission. She graduated from the Eötvös Loránd University School of Law, Budapest in 2007. She received a Magister Juris (LL.M) degree in European Competition and IP Law from the University of Liege in 2009. She speaks Hungarian, English, French and German.

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Articles

6826 Bulletin

Eszter Ritter, Zsuzsanna Németh The Hungarian Metropolitan Court dismisses a claim for damages on the basis of bid-rigging established by the Hungarian Competition Office (Közlekedésfejlesztési Koordinációs Központ v Strabag Építő and Debreceni Magas, Mély és Útépítő)

24 October 2012 396

On 24 October 2012, the Metropolitan Court (the "Court") dismissed the claim for damages lodged by the Traffic Development Coordination Centre (in Hungarian: "Közlekedésfejlesztési Koordinációs Központ", the "Plaintiff") made against Strabag Építő Zrt. ("Strabag") and Debreceni Magas, Mély és Útépítő (...)

Zsuzsanna Németh The Hungarian Competition Office approves an acquisition in the food sector and rules on the interim control over the target company before its approval (Bonduelle Central Europe/Kelet-Food)

7 May 2012 105

Background Bonduelle Central Europe Zöldségfeldolgozó Kft. (“BCE”) as the sole tenderer for the purchase of Kelet-Food 2000 Élelmiszeripari Kft. “f.a.” (“Kelet-Food”) including certain assets (factory buildings, equipment and other assets, etc) and the 100% business share of Corn Food Kukorica (...)

Oláh Tamás, Zsuzsanna Németh The Hungarian Competition Office approves the creation of a joint venture for mobile phone services (MPVI Mobil)

21 March 2012 234

The newly established joint venture company, MPVI, which was approved by the HCO intends to provide mobile radio telephone services on the basis of its right to use a frequency use. The Hungarian mobile telephone market is currently dominated by three key players (Magyar Telekom, Telenor and (...)

Zsuzsanna Németh The Hungarian Competition Authority clears the acquisition of the prospective owner and operator of the gas interconnector between Slovakia and Hungary by two state owned companies (Magyar Villamos Művek / MFB Invest Befektetési és Vagyonkezelő / Magyar Gáz Tranzit)

21 March 2012 223

The Hungarian Competition Office (“HCO”) has approved the acquisition of joint control by Magyar Villamos Művek Zrt. (“MVM”), MFB Invest Befektetési és Vagyonkezelő Zrt. (“MFB Invest”) over Magyar Gáz Tranzit Zrt. (“MGT”), the prospective owner and operator of the gas interconnector between Slovakia and (...)

Zsuzsanna Németh The Hungarian Competition Authority holds that outsourcing agreements shall be notified as change of control over a business unit, contrary to the European Commission’s practice that qualifies it as service contract (HP / E.ON)

30 June 2011 318

1. Introduction On 30 June 2011, the Hungarian Competition Office (HCO) cleared an outsourcing agreement concluded between Hewlett-Packard GmbH (HP) and E.ON IT GmbH (E.ON IT) (together the Parties) in a Phase I merger procedure. The HCO concluded that the outsourcing of the previously (...)

Zsuzsanna Németh A Hungarian Court annuls the decision of the Competition Office having found guilty construction companies of bid rigging taking into account lack of proof of single and continuous infringement (Heves – Nógrád county tenders)

19 April 2011 960

I. Introduction On 19 April 2011, the Metropolitan Court of Budapest (the “Court”) annulled the decision of the Hungarian Competition Office (“HCO”) that EGÚT Egri Útépítő Zrt. (“EGÚT”) and Strabag Építő Zrt. (“Strabag”) were guilty of bid rigging and cancelled the fine that was imposed. The Court ordered the (...)

Zsuzsanna Németh The Hungarian Competition Office decides about negative sole control and the calculation of turnover of groups of undertakings (GDF Suez / Proenergy)

12 January 2011 1137

I. Background In this merger control matter the Hungarian Competition Authority (HCO) had to consider whether an additional acquisition of shares by a 40% shareholder qualifies as a change of control in the target company and thus requires notification the HCO. Under the share purchase (...)

Zsuzsanna Németh The Hungarian High Court of Appeal rules that the tenderee to the agreement that was concluded on the basis of the outcome of a tender which was influenced by bid rigging is not entitled to damages (Bartók Béla Tender)

16 December 2010 741

I. Introduction Private enforcement in bid rigging cases is increasing in Hungary. However, none of the filed actions have been successfully completed in recent years. II. Background of the judgment The background of the case and the decision of the Hungarian Competition Office (HCO) was (...)

Zsuzsanna Németh The Hungarian Competition Office clears a merger in the cement sector subject to remedies (Holcim / Východoslovenské)

15 December 2010 740

On 15 December 2010 the Hungarian Competition Office (HCO) cleared the acquisition of sole control following capital increase over Východoslovenské stavebné hmoty a.s. (VSH) by Holcim Auslandbeteiligungs GmbH (Holcim) in a Phase II merger procedure. I. Background On 10 November 2009 the general (...)

Eszter Ritter, Zsuzsanna Németh The Hungarian Constitutional Court rules about the secondary liability of the members of an organization of undertakings, public bodies, associations and other similar organizations

13 July 2010 311

Background After the decision in the “Egg cartel” case, the Hungarian Constitutional Court was requested to rule about the compliance of Section 78 (6) and (7) of the Hungarian Competition Act (“HCA”) with the Hungarian Constitution. According to Section 78 (6) and (7) HCA, if the social (...)

Zsuzsanna Németh The Hungarian Competition Office conditionally clears a merger between two major liquefied petroleum gas distributors (Prímagáz / Intergas)

28 April 2010 1661

In November 2009, Prímagáz Hungária Zrt. (Prímagáz) and Intergas Hungária ZRt. (Intergas) concluded a share sale and purchase agreement for the transfer of 100 percent of the shares in Intergas. Prímagáz, founded in 1992 with the aim of continuing the business activities of three previously (...)