Marton Peter Sulyok
Freedom Of Competition In The Hungarian Constitution: A Matter Of Interpretation
Freedom of competition was a product of German ordoliberalism that was influenced by American competition policy. After the political transition in 1989, Hungary codified this concept into its constitution, making it the basis of its market economy and competition law. Freedom of competition came up in a few cases of the Constitutional Court and it was used in connection with basic rights and the principle of market economy. For over two decades, however, the Court could not work out a sustainable definition and content, and, eventually, in 2012, freedom of competition lost its constitutional recognition. Despite this, in a recent decision, the Constitutional Court decided to include it in Article M of the new Fundamental Law.