In accordance with general principles of administrative
procedural laws, the Hungarian Competition Authority
('HCA') is time barred from initiating an
investigation against any undertaking after the lapse of the
five-year limitation period since the undertaking has ceased the
infringement.
The HCA launched cartel proceedings against a group of
undertakings in relation to which the general five-year limitation
period had not lapsed, but decided, later on, to extend its
investigation to another undertaking in relation to which the
five-year limitation period had, in fact, expired. The
investigation resulted in a finding of infringement and all the
investigated undertakings were fined. The undertakings challenged
the HCA decision on different grounds, including, for the latter
undertaking, the lapsing of the limitation period. The Supreme
Court of Hungary eventually confirmed the decisions of the lower
courts and found that the Hungarian Competition Act required
