I have detected an infringement at my undertaking
If your employer operates a compliance programme, you should first bring the violation to the attention of your employer so that they can take the necessary steps to detect and terminate the violation.
Unless you have a reasonable suspicion that you would be disadvantaged by doing so, or if you have already contacted your employer and they have failed to take the necessary action in accordance with internal rules. In such cases, you can alert the GVH in the following ways:
- by filing an informal or a formal complaint,
- by acting as a whistle-blower,
- through the Cartel Chat contact system
How to avoid the initiation of a proceeding?
The initiation of a GVH proceeding may be avoided (except in consumer protection cases) if
- the infringement is terminated and
- the undertaking applies proactive reparation.
One of the conditions for initiating competition supervision proceedings is the protection of the public interest. In such cases, due to a public interest consideration, it is possible that the GVH may not even initiate a proceeding. If a competition supervision proceeding is initiated, the GVH will take into account the proactive reparation or the termination of the infringement when setting the fine.
The imposition of a fine (the proceeding is conducted in any case) can be avoided if the undertaking
- discovers the detected infringement and its participation in it before the GVH initiates the proceeding and
- supplies evidence that provides a basis for an unannounced inspection (where the GVH does not already have sufficient information to do so or has not previously carried out an unannounced inspection) or which can be used to prove the infringement and
- is the first to submit its application.
- The applicant shall terminate its participation in the infringement immediately after the submission of its application (unless the GVH considers that its further participation in the infringement is necessary for the successful completion of the unannounced inspection or the competition supervision proceeding)
- As a general rule, the leniency application shall be submitted in Hungarian along with the evidence (except of the non-definitive application for immunity, where the transmission of evidence is undertaken within a certain timeframe, thus securing first place in the queue)
- The undertaking will cooperate in good faith, fully and continuously with the GVH until the end of the competition supervision proceeding, and the applicant must not have forced any other undertaking to have participated in the infringement. (Otherwise, immunity from fines may not be granted only fine reduction.)
- The undertaking shall not disclose that it has submitted a leniency application or reveal the content of the evidence provided to anyone – except of another leniency application submitted with another competition authority – in any way without the consent of the GVH.
- Public procurement cartels are also criminal offences. By cooperating with the GVH, the undertaking may benefit from a further advantage, namely an unlimited reduction in the punishment to be imposed in criminal proceedings or, in cases deserving special consideration, its complete dismissal.
Infringement detected on the basis of a compliance programme
What shall the undertaking do?
- In antitrust cases
- Terminate the infringement immediately
- In consumer protection cases
- If the undertaking has received a legal opinion on its planned advertising campaign, it shall adapt its practice to this opinion; in this case if a proceeding is initiated in the future, the fine may be reduced by an unlimited amount if the legal opinion was not obviously unfounded (i.e. completely contrary to the law or established practice)
I have detected an infringement at another undertaking
- I submit an informal or a formal complaint
- Cartel Chat
- Reward of the Whistle-blower
- I contact the Customer Relations Office