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.


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)


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)


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 (...)

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)


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)


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)


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 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)


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 (...)

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


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 (...)

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