The Hungarian Competition Authority interprets the newly-introduced prohibition against gun-jumping in a case where the buyer had been conducting a market activity with the target prior to the transaction (Agrotec Magyarország)

On 11 November 2014, the Hungarian Competition Authority (“HCA”) cleared a transaction whereby the seller sold part of its assets to a number of buyers belonging to the same group of undertakings [1]. One of the buyers had already been conducting business activities with the assets in question based on a lease agreement. This gave the HCA an opportunity to interpret the recently introduced prohibition against implementing a concentration prior to clearance. The HCA ruled that although one of the buyers had already been conducting the activity which was the subject of the clearance proceedings, the lease agreement based on which the buyer had conducted this activity in the past did not create a lasting structural change on the market. However,

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Orsolya Staniszewski, The Hungarian Competition Authority interprets the newly-introduced prohibition against gun-jumping in a case where the buyer had been conducting a market activity with the target prior to the transaction (Agrotec Magyarország), 11 November 2014, e-Competitions November 2014, Art. N° 74703

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