Statement by Nitrogénművek Zrt./Bige Group regarding the judgment in the administrative lawsuit concerning the 2021 decision of the Hungarian Competition Authority

 

Pétfürdő, Thursday, October 10, 2024 – On October 3, 2024, the Budapest-Capital Regional Court delivered its judgment in the administrative lawsuit initiated by Nitrogénművek Zrt. and other plaintiffs regarding the condemnatory decision made by the Hungarian Competition Authority in case Vj/41/2017. The court annulled the decision, accepting the plaintiffs' arguments on several points. For example, it disregarded the contradictory statements of witnesses associated with the company's former distributor, KITE Zrt. Based on the ruling, the Hungarian Competition Authority will have to reassess the evidence, and a significantly narrower and less severe restriction than what was stated in the original decision may be determined. Upon the conclusion of the lawsuit and the legal remedy process, the fine that has already been paid must be refunded.

The judgment is final and binding. There is no right of appeal against the judgment, but a petition for review may be submitted to the Supreme Court (Kúria). The company has not yet decided on further steps.

Since 2014, a civil lawsuit has been ongoing between the company and KITE Zrt. regarding the penalty to be paid by KITE Zrt. due to the breach of a strategic framework agreement, which was also affected by the competition authority proceedings. This civil lawsuit has been suspended until the final conclusion of the competition authority proceedings.

“We are satisfied with the ruling, as the reassessment of the evidence and an impact-based examination could reveal what really happened. A decision of such gravity cannot be based on contradictory and biased witness testimonies,” stated Zoltán Bige, the company's strategic director.

Nitrogénművek is a Hungarian brand recognized in international markets. With its stable presence and unique product structure, it greatly contributes to the competitiveness of agriculture in the region. "It is unfortunate that the government is unable to properly recognize our role and is burdening our operations with additional taxes in an already extremely uncertain economic environment," Zoltán Bige added.