The disclosure obligation as a condition for the validity of cartel agreements after the entry into force of Act 20 of 1931

Abstract

The Hungarian regulation of antitrust law had a fundamental state-law character in Act 20 of 1931 because of the changed economic and political circumstances. The primary goal of the state was to ensure the breakthrough of the general interest. However, it did not mean that no elements of private law appeared in the Hungarian Cartel Act. The act stipulated that the cartel agreements had to be sent to the competent minister. A necessary formality was still the writing besides the presentation. These two important formalities were basic conditions for the validity of the agreements. If we examine the first Hungarian Cartel Act, we can determine that the cartels were placed under the supervision of the state. In my paper I analyse the connection between the obligation to present documents and the validity of the agreements, and I present the legal regulation with cases from practice.