GVH: it may be illegal to pass on the manufacturer’s waste management fees to customers

By: Trademagazin Date: 2023. 06. 16. 13:14

From the point of view of competition law, the co-ordinated passing on of the waste recycling fees charged to the manufacturer and, in the case of foreign production, the distributor, to the customers, the Economic and Competition Office (GVH) told MTI on Friday.

The extended producer responsibility fee was introduced so that those responsible for the environmental burden pay the waste treatment costs of environmentally polluting packaging materials. The legislation clearly defines the fee as a manufacturer’s obligation, and not as a cost element that can be charged to customers, so coordinated passing on as an agreement restricting competition can have serious legal consequences. They added that battery manufacturers were previously fined for charging the waste management fee introduced in 2005 uniformly, in full and in consultation with each other to their customers.