The Hungarian Competition Authority invokes cartel rules and leniency policy with regard to an exclusive distribution agreement in the healthcare sector (Kortex / Olympus)

On 18 December 2007, the Hungarian Competition Authority (“GVH”) fined Kortex Mérnöki Iroda Kft. (“Kortex”), a company specialised in the construction of hospitals and the distribution of medical equipment, HUF 77m (approximately € 300,000) for concluding an anti-competitive agreement with Olympus Hungary Kft. (“Olympus Kft.”), the distributor of Olympus medical devices in Hungary. At the same time, the GVH exonerated Olympus Kft. from paying a fine under its leniency policy. The decision raised questions about the delimitation between horizontal and vertical agreements. In the framework of the reconstruction of a hospital, the government of Budapest announced a tender to procure so-called flexible endoscopic devices. The tender was worded in such a way that only the endoscopic devices sold

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  • Van Bael & Bellis (Brussels)

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Gábor Báthory, The Hungarian Competition Authority invokes cartel rules and leniency policy with regard to an exclusive distribution agreement in the healthcare sector (Kortex / Olympus), 18 December 2007, e-Competitions December 2007, Art. N° 15514

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