Under the former Competition Act, the fact that a company had a 30 per cent market share was sufficient to establish a dominant market position within the meaning of the Act. Under the new Act (effective as of January 1 1997), the existence of a dominant market position can only be established after various aspects of the market have been considered. The new Act’s definition of a ‘dominant market position’, according to the Competition Office, includes factors such as the availability of other products or services to consumers and the fact that a dominant company can make business decisions at its discretion regardless of competitors. In short, the once black-and-white rule on dominance has given way to a more sophisticated market assessment.

Ádám Máttyus
Bruckhaus Westrick Heller Löber
Budapest