H-1054 Budapest, Alkotmány u. 5.
Mailing address: H- 1391 Budapest 62. Pf.: 211.
Telephone: (+36-1) 472-8865
Case No: VJ/85/2016.
File No: VJ/85-189/2016.
Public version!
Business secrets of the undertaking subject to the proceeding are contained in the sections marked as [BUSINESS SECRET]!
In the competition supervision proceeding initiated against Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland), as the undertaking subject to the proceeding and represented by Lakatos, Köves és Társai Ügyvédi Iroda (1075 Budapest, Madách Imre út 14.), for the alleged infringement of the prohibition of unfair business-to-consumer commercial practices, the competition council of the Hungarian Competition Authority proceeding in the case has adopted the following
decision.
The competition council of the Hungarian Competition Authority proceeding in the case establishes that through its misleading claim directed to Hungarian users from January 2010 until 12 August 2019 on the homepage and until 23 October 2019 in the Help Centre on the www.facebook.com website relating to is service being free, Facebook Ireland Ltd. breached the prohibition set out in Article 3(1) of Act XLVII of 2008 on the Prohibition of Unfair Business-to-Consumer Commercial Practices (hereinafter: UCPA) by committing the infringement specified in Article 6(1)(c) of the UCPA.
For the aforesaid infringement, the competition council proceeding in the case obliges Facebook Ireland Ltd. to pay a competition supervision fine of HUF 1,200,00,000 (one billion and two hundred million Forints), which amount is payable within 30 days of receipt of the decision to the Hungarian Competition Authority’s incoming fines account No (HU88) 10032000-01037557-00000000.
The name of the undertaking subject to the proceeding, the number of the competition supervision proceeding and the legal basis of payment (competition supervision fine) must be entered in the “comments” box of the remittance order. If the obligee fails to meet its payment obligation within the time limit, it shall pay default surcharges at a rate calculated in the manner specified for default surcharges pursuant to the act on the taxation procedure. If the fine (and any late charge) is not paid, the Hungarian Competition Authority shall initiate the enforcement of the decision.
An administrative court action may be initiated to challenge the decision within 30 days of its receipt. The statement of claim is to be submitted to the Hungarian Competition Authority by electronic means using the designated form1, which is available on the website of the Hungarian Competition Authority. The Hungarian Competition Authority shall forward the statement of claim - together with the case file - to the Budapest-Capital Regional Court, which has jurisdiction and competence with regard to administrative court actions. In the proceedings of the regional court, legal representation of mandatory.
REASONING
The full text of the decision is available here.
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[1] http://www.gvh.hu//data/cms1041089/GVH_gvh_k01_19_01.jar