Hungarian competition law and enforcement trends: what can companies expect in 2025?

Legislative changes in 2024 and early 2025

A)   Increase of the maximum fines (again)

The maximum fine for competition law infringements increased again in Hungary, from 13 % to 15 % of the worldwide net turnover of the group of undertakings in the last closed financial year. The new rule applies to infringements committed after 1 August 2024. However, it also applies to continuous infringements if the infringement terminated after this date.

The increased fine was introduced by government decree in response to the armed conflict in Ukraine and is only in force during the state of emergency declared by the Hungarian Government. However, it would not be surprising if the higher maximum fine remained in force even after the state of emergency is lifted.

B)   Increased fees for merger control clearance

The fees for merger control proceedings have also increased as of 20 January 2025. The filing fee increased from HUF 1m (EUR 2,500) to HUF 1.3m (EUR 3,250), while the administrative service fee of the Phase I proceedings increased from HUF 4m (EUR 10,000) to HUF 5m (EUR 12,500) and the fee of the Phase II proceedings increased from HUF 19m (EUR 47,500) to HUF 21m (EUR 52,500).

C) Explicit exception from liability for agreements between JVs and parent companies

In line with the European Commission's updated Horizontal Guidelines, the Hungarian legislator also included an explicit exception from liability for anticompetitive agreements between joint ventures (JVs) and one of their parent companies, insofar as these agreements concern the JV's conduct on the relevant markets where it is active. 

D) Clarification of de minimis rules 

Due to a mistake by the legislator when implementing the Damages Directive into the Competition Act, de minimis rules were applicable to decisions of associations of undertakings having a less than 10 % market share, even if the decision constituted a hardcore cartel agreement. The legislator corrected this mistake and clarified that hardcore cartel agreements cannot benefit from the de minimis exception even if the decision was adopted by an association of undertakings.

Enforcement trends

The HCA closed 98 cases in total in 2024 and imposed a fine of HUF 4.3bln (EUR 10.7m), as indicated in its annual report to the parliament. You can read more about the HCA's 2024 and early 2025 activities below.

•    Antitrust

In 2024, the HCA proceeded in 19 ongoing cartel cases. Eight new cases were initiated in 2024 and three of the ongoing cases were closed by the authority, resulting in more than HUF 2.5bln (EUR 6.25m) in total fines. This is more than eight times more than the HUF 300m (EUR 750,000) in antitrust fines imposed in 2023.

The HCA maintained a vigilant stance in public procurement proceedings, as two of the closed cartel cases concerned bid-rigging cartels in the fields of road salt supply and train infrastructure construction services. Similar scrutiny is also foreseen in 2025.
 
•    Unfair commercial practices against consumers

Consumer protection remained in the HCA's focus in 2024, resulting in more than HUF 1.7bln (EUR 4.25m) in fines imposed in 21 closed cases, with 31 new proceedings initiated by the authority. The fines imposed in these cases amounted to approximately 40 % of the total fines imposed in 2024. Consumers also benefitted from the activities of the HCA, as they received direct compensation from the infringing undertakings worth approximately HUF 212m (EUR 530,000) in 2024.

In 2024, the HCA focused on consumer protection in the digital sphere, closing proceedings against several tech giants, such as Viber, Booking.com and Wizz Air, and initiating new investigations against Temu and eMAG (again). The HCA imposed a HUF 300m (EUR 750,000) fine on Wizz Air for omitting important information from consumers in the booking process to influence them towards more expensive options. Viber got away with behavioural remedies, while Booking.com was fined HUF 400m (EUR 1m) for failing to fulfil its obligations established in previous proceedings.
 
•    Market studies and sector inquiries

Green claims are also getting more attention from the Hungarian watchdog. In January 2024, the HCA completed and published its market study on green advertising link (only Hungarian), and continued to step up its efforts against misleading environmental claims.

The HCA also completed a market analysis of the impact of AI-based technology on fair competition and consumer protection: link (only Hungarian). This analysis provides a set of recommendations aimed at fostering a competitive and fair AI landscape in Hungary, but does not necessarily foresee any imminent enforcement actions.

In addition, the HCA has recently closed an accelerated sectoral inquiry into the procurement of medical imaging equipment in Hungary.

More recently, the HCA has initiated a new accelerated sector inquiry into the Hungarian market for milk and other dairy products and eggs, demonstrating its continued focus on the food sector and food prices in Hungary.
 
•    Merger control

In 2024, the number of merger control notifications increased by almost 30 % compared to the previous year. Approximately 90 % of the cases were approved in the eight-day fast track proceeding, and the average time for clearance has remained four days since 2018.

The Hungarian merger control system has therefore remained fast and efficient, largely thanks to the recommended pre-notification discussions with the authority prior to formal filing. In 2024, the parties pre-notified more than 97 % of transactions before submitting a formal filing.
Outlook and focus

In 2025, we expect further antitrust proceedings regarding public procurements. Notably, the Hungarian Government requested the HCA to launch three accelerated sectoral inquiries to uncover the reasons for single-offer tenders, one of which is still ongoing.

The strong focus on consumer protection – including green claims, dark patterns and further proceedings against tech giants – will remain unchanged.

Companies should also start familiarising themselves with the competition and consumer protection law risks identified in the HCA's AI market study, as AI-related competition law infringements and unfair consumer practices may incur heavy fines from competition authorities, including the HCA.