The Hungarian Constitutional Court quashes rules introducing director disqualification

The Hungarian Constitutional Court declares new rules on director disqualification unconstitutional as the procedure leading to the imposition of the sanction violates the right to a fair trial. Due to the constitutional defect of the procedure, director disqualification will not become applicable in Hungary until Parliament comes up with a solution compatible with the protection of fundamental rights. I. The new rules on director disqualification Upon the initiative of the Competition Office, Parliament adopted in June 2008 an amendment of the Competition Act introducing the personal liability of company executives for serious antitrust infringements [1] . Pursuant to the amendment, if a company has been fined for illegal horizontal price fixing or market sharing, persons acting as

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Márton Horányi, The Hungarian Constitutional Court quashes rules introducing director disqualification, 23 February 2009, e-Competitions Due Process Research Program, Art. N° 25092

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