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Suspected cartel on the vegetable and fruit market

On 24 January 2012 the Gazdasági Versenyhivatal (GVH - Hungarian Competition Authority) launched a competition supervision procedure against Andosa Market Kft. and MORTAK FRUIT Kft. The investigation was initiated with an unannounced inspection held by the GVH on the premises of the undertakings under investigation.

According to the available data, the GVH presumes that the practices of the above mentioned undertakings were unlawful as they entered into anti-competitive agreements in respect of public procurement procedures issued in November 2010. The parties' behaviour - such as withdrawing the tender documents in the light of the results, failure to complete the documents, similarity in the content of the tenders, providing the same references - is likely to be contrary to the prohibition of collusion between competitors concerning the bidding process.

The GVH suspects that the undertakings under investigation have presumably violated, by this conduct, the provisions of the Hungarian Competition Act with regard to the prohibition of restrictive agreements.

The GVH is empowered by the Competition Act to inspect premises without any preliminary notification. Pursuant to the provisions of the Competition Act the inspection of premises is subject to the attainment in advance of a judicial authorisation.

The initiation of the competition supervision proceeding does not mean that the undertakings in question have actually committed the infringement. The proceeding seeks to clarify the facts and to thus prove that the presumed infringement has been committed. According to the Act these proceedings must be closed within 6 months, however, this time limit can be extended two times by a further 6 months, depending on the complexity of the case.

Case number: Vj-72/2011

Budapest, 26 January 2012.

Hungarian Competition Authority
Communication Group

Further information:
Hungarian Competition Authority
Mail: 1054 Budapest, V. ker. Alkotmány u.5.
Postal address: 1245 Budapest, 5. POB 1036
Tel: (+36-1) 472-8902