COMPETITION LAW.

 

 

Obn. SG 102 of 28 November 2008, amend. SG 42 of 5 June 2009, amend. SG 54 of 16 July 2010, amend. SG 97 of 10 December 2010, amend. SG 73 of 20 September 2011, amend. SG 38 of 18 May 2012, amend. SG 15 of 15 February 2013, amend. SG 56 of 24 July 2015, amend. and supplemented by Dz. 2 of 3 January 2018, amend. SG 7 of 19 January 2018, amend. and supplemented by Dz. SG 77 of 18 September 2018.

 

  

Title one.

GENERAL

 

Chapter one.

GENERAL PROVISIONS

 

Subject

 

Art. 1. (1) The purpose of this Act is to provide protection and conditions for the expansion of competition and free initiative in economic activity.

 

(2) (Supp. - SG No. 56/2015) For the purposes of par. (1), this Act shall regulate protection against agreements, decisions and concerted practices, abuse of monopoly and dominant market positions and any other acts and practices which may have the effect of preventing, restricting or distorting competition in the country and/or affecting trade between Member States of the European Union, as well as against unfair competition or abuse of a stronger bargaining position. The Act also regulates the control of concentrations between undertakings.

 

(3) (amend. - SG 2/2018) This Act shall regulate relations in connection with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union, including cooperation with the European Commission and the national competition authorities of the Member States of the European Union in the application of Council Regulation (EC) No 1/2003 of 16 December 2002. on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty on the Functioning of the European Union, hereinafter 'Regulation (EC) No 1/2003', and Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (EC Merger Regulation), hereinafter 'Regulation (EC) No 139/2004'.

 

 

 

Scope

 

 

 

Art. 2. (1) This Law shall apply to:

 

1. undertakings and associations of undertakings which carry on their business within or outside the territory of the Republic of Bulgaria if they expressly or impliedly prevent, restrict, distort or threaten to prevent, restrict or distort competition in the country;

 

2. public authorities, including executive and local government authorities, if they expressly or impliedly prevent, restrict, distort or are likely to prevent, restrict or distort competition in the country;

 

3. undertakings entrusted by the State or the municipality with the performance of services of public interest, insofar as the application of the law does not in fact or in law prevent the performance of the tasks assigned to them and competition in the country is not substantially affected;

 

4. natural persons who commit or facilitate the commission of offences under this Act.

 

(2) This Act shall not apply to acts the consequences of which restrict or may restrict or distort competition in another country, unless otherwise provided by an international treaty to which the Republic of Bulgaria is a party.

 

 

 

Chapter Two.

COMMISSION FOR THE PROTECTION OF COMPETITION

 

 

 

Statute

 

Art. 3. (1) (amend. - SG 15/2013, in force from 01.01.2014) The Commission for Protection of Competition, hereinafter referred to as "the Commission", shall be an independent specialised state body on budgetary dependence, first-rank authorising officer with budget. The Commission shall be a legal entity with its seat in Sofia.

 

(2) The Commission shall be the national authority of the Republic of Bulgaria responsible for the implementation of Community law in the field of competition.

 

Composition

 

Art. 4. (1) (amend. - SG 54/10, amend. - SG No. 54, art. 73 of 2011, in force from 20.09.2011, suppl. - The Commission shall be composed of seven members, including the Chairman, the Vice-Chairman and five members, who shall be elected and dismissed by the National Assembly for a term of 5 years. The members of the Commission shall be elected after a public procedure and shall not be immediately re-elected for another term.

 

(2) The Chairperson of the Commission shall be a qualified lawyer with not less than 10 years of legal experience and shall meet the requirements under par. 3.

 

(3) Bulgarian citizens shall be elected as members of the Commission, who have a higher legal or economic education, have not less than 5 years of experience in the specialty, have high professional and moral qualities, and have not been convicted of intentional crimes of a general nature. They may not benefit in any form from undertakings or hold any other paid position, except when carrying out scientific, teaching or arbitration activities.

 

(4) (amend. - SG 54/10) The Chairman, the Vice-Chairman and the members of the Commission shall take the oath referred to in Article 76(2) of the Constitution of the Republic of Bulgaria before the National Assembly.

 

(5) (amend. - SG 54/10) The Chairman of the Commission shall receive a basic monthly remuneration equal to 90 per cent of the basic monthly remuneration of the Speaker of the National Assembly. The Deputy Chairperson shall receive a basic monthly remuneration of 95 per cent and the members 90 per cent of the basic monthly remuneration of the Chairperson of the Committee.

 

 

 

Termination of powers

 

Article 5. (1) (amend. - SG 54/10) The powers of the Chairperson, Deputy Chairperson and members of the Commission shall terminate before the expiry of their term of office:

 

1. at their request;

 

2. if they are unable to perform their duties for more than 6 consecutive months;

 

3. on grounds of incompatibility with the requirements of Article 4, par. (c) in the event of the non-compliance with Article 3(3) occurring after the election;

 

4. (new - SG 42/09, amend. - SG 42, issue 42, paragraph. 97 of 2010, in force from 10.12.2010, amend. - SG No. 7 of 2018) upon the entry into force of an act establishing a conflict of interests under the Law on Combating Corruption and Confiscation of Illegally Acquired Property;

 

5. (former item 4 - SG 42/09) upon death.

 

(2) (amend. - SG 42/09) In the cases under par. 1, items 1, 2, 3 and 4, the powers shall be terminated by a decision of the National Assembly.

 

(3) Upon the occurrence of a circumstance referred to in par. (1) the Chairman of the Commission shall notify the National Assembly. Where the circumstance referred to in par. 1 applies to the Chairperson, any member of the Committee may make the notification.

 

(4) Within one month of the receipt of the notification under para. (3), the National Assembly shall decide on the early termination of the mandate and elect a new member of the Commission until the end of the relevant term.

 

(5) (amend. - SG 54/10) Within two months before the expiry of the term of office of the Chairperson, Vice-Chairperson and members of the Commission, the National Assembly shall elect a new Chairperson, Vice-Chairperson and members.

 

(6) (amend. - SG 54/10) In the event that the election referred to in paragraph (5) has not been carried out at the expiry of the term of office of the Chairperson, Vice-Chairperson and members of the Commission, they shall continue to exercise their powers until the new members take office.

 

 

 

Structure and operation

 

Article 6. (1) The constitution and activities of the Commission shall be regulated by regulations to be promulgated in the Official Gazette.

 

(2) The Commission shall be assisted in its activities by an administration.

 

Administration of the Commission

 

Art. 7. (1) The composition, structure, rights and duties of the administration of the Commission shall be determined by the regulations referred to in Article 6, paragraph 1. 1.

 

(2) Relations with the employees of the administration shall be established and regulated in accordance with the provisions of the Civil Servants Act and the Labour Code.

 

Jurisdiction

 

Art. 8. The Commission for Protection of Competition shall:

 

1. (amend. - SG 2/2018) establish infringements under this Law as well as under Articles 101 and 102 of the Treaty on the Functioning of the European Union;

 

2. impose the penalties provided for by law;

 

3. (amend. - SG 2/2018) establish that no infringement has been committed under this Law or that there are no grounds for taking action for an infringement under Articles 101 and 102 of the Treaty on the Functioning of the European Union;

 

4. cooperate with the European Commission and other national competition authorities of the Member States of the European Union in accordance with Regulation (EC) No 1/2003 and Regulation (EC) No 139/2004;

 

5. issue the authorisations provided for by law;

 

6. propose to the competent state authorities and local self-government authorities to repeal or amend administrative acts issued by them which lead or may lead to the prevention, restriction or distortion of competition;

 

7. impose interim measures in the cases provided for by law;

 

8. (amend. - SG 2/2018) approve the undertaking of obligations by undertakings or impose measures to restore competition in respect of undertakings whose conduct is being examined under Articles 15 and 21 of this Law and/or Articles 101 and 102 of the Treaty on the Functioning of the European Union, as well as measures to preserve competition under Article 86 of this Law;

 

9. order the cessation of infringements, including by imposing appropriate behavioural and/or structural measures to restore competition;

 

10. carry out sectoral analyses of the competitive environment;

 

11. rule on other requests related to this Law;

 

12. interact with State authorities, including the executive and local government authorities, as well as with institutions and non-governmental organisations by participating in the development of draft regulations, expressing opinions on drafts, as well as on existing regulations and general administrative acts, exchanging information and other forms of cooperation;

 

13. propose and organise initiatives related to the promotion of competition rules;

 

14. adopt the Rules of Procedure and other acts provided for by law;

 

15. keep an electronic register of the acts issued.

 

Chairman of the Commission

 

Art. 9. (1) The Chairman of the Commission shall:

 

1. represent the Commission or authorize persons to represent it;

 

2. organize and direct the activities of the Commission;

 

3. schedule and preside at meetings of the Commission;

 

4. approve the establishment plan for the administration of the Commission;

 

5. conclude, amend and terminate the employment and service relationships with the staff of the administration;

 

6. organise and implement the decisions of the Commission which have entered into force;

 

7. approve acts of the Commission beyond the acts referred to in Article 8, item 14;

 

8. implement the budget;

 

9. inform the public about the activities of the Commission through the mass media;

 

10. carry out the international cooperation of the Republic of Bulgaria with international organisations or authorities of other countries in the field of competition protection.

 

(2) (amend. - SG 54/10) In carrying out his/her functions, the Chairperson shall be assisted by a Deputy Chairperson. Where the Chairperson is absent from the country or on statutory leave, he or she shall delegate his or her powers to the Deputy Chairperson by order in each particular case.

 

Conflicts of interest

 

Art. 10. (1) A member of the Commission or an officer of the Administration and shall not participate in a proceeding under this Act where he is interested in the outcome thereof or where there are reasonable doubts as to his impartiality.

 

(2) A member of the Commission or officer shall remove himself or herself on his or her own motion or at the request of the parties.

 

Professional secrecy

 

Art. 11. (1) Members of the Commission and officers of the Administration shall not divulge information which constitutes a professional secret.

 

(2) The disclosure of information constituting a professional secret may be made by the Commission only in the performance of its duties as a national competition authority of a Member State of the European Union, pursuant to Regulation (EC) No 1/2003 and Regulation (EC) No 139/2004.

 

Civil liability

 

Art. 12. The members of the Commission as well as the employees in the administration of the Commission shall not be held liable for damages caused in the exercise of the functions and powers conferred upon them by law, unless they have committed an intentional offence of a general nature.

 

Budget of the Commission

 

Art. 13. (1) (amend. - SG 15/2013, in force from 01.01.2014) The budget of the Commission shall be drawn up, implemented and accounted for in accordance with the Public Finance Act.

 

(2) The budget of the Commission shall receive revenue from:

 

1. fees and expenses under this Act, the Public Procurement Act and the Concessions Act;

 

2. financial penalties and fines under decisions of the Commission which have entered into force;

 

3. other sources from activities authorised by law.

 

(3) (amend. - SG 38/12, in force from 01.07.2012)

 

(4) (amend. - SG 38/12, in force from 01.07.2012)

 

Annual report

 

Art. 14. (1) The Commission shall prepare an annual report on its activities, which shall be submitted to the National Assembly not later than 30 May of the following year.

 

(2) The Commission shall issue the annual report referred to in par. 1 and publish it on its website.

 

 

 

Title Two.

RESTRICTION OF COMPETITION

 

Chapter Three.

PROHIBITED AGREEMENTS, DECISIONS AND CONCERTED PRACTICES

 

General prohibition

 

Art. 15. (1) Any agreements between undertakings, decisions by associations of undertakings, and concerted practices by two or more undertakings which have as their object or effect the prevention, restriction or distortion of competition in the relevant market, such as:

 

1. directly or indirectly fixing prices or other commercial terms;

 

2. allocating markets or sources of supply;

 

3. restricting or controlling production, trade, technical development or investment;

 

4. applying different conditions to the same type of contract in relation to certain partners, thereby placing them in an unequal position as competitors;

 

5. making the conclusion of contracts subject to the assumption by the other party of additional obligations or to the conclusion of additional contracts which are not related, by their nature or in accordance with normal commercial practice, to the subject-matter of the main contract or to its performance.

 

(2) The agreements and decisions referred to in par. 1 shall be null and void.

 

Agreements having negligible effect

 

Art. 16. (1) The prohibition in Art. 1 shall not apply to agreements, decisions and concerted practice having an insignificant effect on competition.

 

(2) The effect is insignificant where the total share of the undertakings - participants in the market of the goods or services - subject to the agreement, decision or concerted practice does not exceed:

 

1. ten per cent of the relevant market if the participants are competitors with each other;

 

2. fifteen per cent of each of the relevant markets if the participants are not competitors.

 

(3) The provision of par. 1 shall not apply where the agreements, decisions or concerted practice have as their object or effect:

 

1. directly or indirectly fixing prices;

 

2. allocation of markets and/or customers;

 

3. limiting production and sales.

 

(4) For the implementation of paragraphs (2) and (3), the Commission shall adopt rules, which shall be published in the register referred to in Article 68, para. 1.

 

Exemption from the prohibition

 

Art. 17. (1) Agreements, decisions and concerted practices within the meaning of Article 15(1) shall not be prohibited. (1) which contribute to improving the production or distribution of goods or the provision of services or to the development of technical and/or economic progress by providing consumers with a fair share of the benefits obtained and which:

 

1. do not impose on the undertakings involved restrictions which are not necessary to achieve those objectives, and

 

2. do not enable the undertakings concerned to prevent competition in a substantial part of the relevant market.

 

(2) Proof of the circumstances referred to in par. (1) shall be incumbent on the undertakings or associations of undertakings relying on them.

 

Block exemption

 

Art. 18. (1) Certain categories of agreements, decisions and concerted practices which meet the requirements of Article 17 may be exempted from the prohibition under Article 15 by a decision of the Commission which shall not be subject to appeal. It shall be published in the register referred to in Article 68.

 

(2) Where the Commission finds, as a result of an examination, that an agreement, decision or concerted practice falling within the scope of the decision referred to in par. (1) does not comply with the requirements of Article 17, it shall rule that the block exemption decision shall not apply in the particular case and shall not impose the penalty provided for by law for an infringement under Article 15 and shall specify a time limit within which the parties must bring their agreement into compliance with Article 17 or terminate it.

 

(3) (amend. - SG 2/2018) Where the Commission finds, as a result of an investigation, that a particular agreement, decision or concerted practice is incompatible with Art. 101, par. 3 of the Treaty on the Functioning of the European Union, it shall rule that the provisions of the relevant European Union Block Exemption Regulation under Article 101(3) of the Treaty on the Functioning of the European Union have no effect on the territory of the country or a part thereof having all the characteristics of a distinct geographic market. 101(1) of the Treaty on the Functioning of the European Union does not apply in the present case and does not impose the penalty provided for in the law for an infringement under Article 101(1) of the Treaty on the Functioning of the European Union. 101(1) of the Treaty on the Functioning of the European Union and specifies a time limit within which the parties must bring their agreement into compliance with the requirements of Article 101(1) of the Treaty on the Functioning of the European Union. 3 of the Treaty on the Functioning of the European Union or to terminate it.

 

 

 

Chapter Four.

ABUSE OF A MONOPOLY OR DOMINANT POSITION

 

Monopoly

 

Art. 19. (1) Monopoly shall mean the position of an undertaking which by law has the exclusive right to carry on a particular type of economic activity.

 

(2) A monopoly position may be granted only by law in the cases referred to in Article 18(4) of the Constitution.

 

(3) Any other grant of a monopoly position outside the cases referred to in paragraph (2) shall be null and void.

 

Dominant position

 

Art. 20. Domination shall mean the position of an undertaking which, in view of its market share, financial resources, market access possibilities, technological level and business relations with other undertakings, is able to prevent competition on the relevant market because it is independent of its competitors, suppliers or buyers.

 

Prohibition of abuse of monopoly or dominant position

 

Art. 21. It shall be prohibited for undertakings in a monopolistic or dominant position, or two or more undertakings in a jointly dominant position, to behave in a manner which is likely to prevent, restrict or distort competition and affect the interests of consumers by:

 

1. directly or indirectly imposing buying or selling prices or other unfair trading conditions;

 

2. restricting production, trade and technical development to the detriment of consumers;

 

3. applying different conditions to the same type of contract in relation to certain partners, thereby placing them in an unfair position as competitors;

 

4. making the conclusion of contracts conditional upon the other party assuming additional obligations or concluding additional contracts which are not related, by their nature or according to normal commercial practice, to the subject-matter of the main contract or to its performance;

 

5. unjustified refusal to supply goods or services to an actual or potential customer in order to hinder the business of that customer.

 

Chapter Five.

CONTROL OF CONCENTRATIONS BETWEEN UNDERTAKINGS

 

Definition

 

Art. 22. (1) A concentration between undertakings occurs when there has been a lasting change of control:

 

1. a merger or amalgamation of two or more independent undertakings, or

 

2. where one or more persons already exercising control over at least one undertaking acquire, by purchase of securities, shares or property, by contract or otherwise, direct or indirect control over other undertakings or parts thereof.

 

(2) A concentration within the meaning of par. (1) shall be deemed to include the creation of a joint venture permanently performing all the functions of an economically independent entity.

 

(3) Control shall consist in the acquisition of rights, the conclusion of contracts or other means which, individually or jointly and having regard to the existing factual circumstances and the applicable law, make it possible to exercise decisive influence over an undertaking by acquiring:

 

1. the right of ownership or use of all or part of the undertaking's property;

 

2. rights, including on the basis of a contract, which provide the possibility of exercising decisive influence over the composition, voting or decisions of the organs of the undertaking.

 

Exceptions

 

Art. 23. No concentration shall be deemed to exist where:

 

1. credit and other financial institutions or insurance undertakings, whose business involves dealing in securities for their own or for others' account, temporarily hold securities of an undertaking with a view to reselling them, but only provided that:

 

(a) they do not exercise the voting rights attached to those securities for the purpose of influencing the competitive behaviour of the undertaking, or

 

(b) exercise their voting rights only to prepare for the transfer of the securities, which shall take place within one year of their acquisition;

 

2. control is acquired by a person who, under the applicable law, performs certain functions relating to the liquidation or insolvency of the undertaking;

 

3. the actions referred to in Article 22, par. 3 shall be carried out by financial holding companies, but only where the control acquired by the holding company is exercised solely for the purpose of maintaining the full value of the investment and not for the purpose of directly or indirectly determining the competitive behaviour of the undertakings in which the holding company participates.

 

Prior notification obligation

 

Art. 24. (1) Concentrations shall be subject to compulsory prior notification to the Commission if the sum of the aggregate turnover of all undertakings participating in the concentration in the territory of the Republic of Bulgaria in the preceding financial year exceeds BGN 25 million, and

 

1. the turnover of each of at least two of the undertakings concerned in the concentration on the territory of the Republic of Bulgaria in the preceding financial year exceeds BGN 3 million, or

 

2. the turnover of the target undertaking on the territory of the Republic of Bulgaria in the preceding financial year exceeds BGN 3 million.

 

(2) Undertakings shall be obliged to notify the Commission of the concentration after the conclusion of the agreement, the public announcement of the tender offer or the acquisition of control, but before the actual implementation of the transaction. In certain cases, at the request of the parties, the Commission may assess concentrations prior to the conclusion of the contract or the public announcement of the tender offer if the parties provide sufficient evidence of their intentions to conclude a contract or have made public their intention to make a tender offer.

 

Calculation of turnover

 

Art. 25. (1) The total turnover shall include the net turnover of an undertaking participating in the concentration during the preceding financial year, representing the amounts derived from the sale of products, goods and services generated by the undertaking in the ordinary course of its business, less trade discounts, rebates, rebates and value added tax. Turnover does not include the proceeds from the sale of products, goods and services between enterprises belonging to the same economic group.

 

(2) Where the concentration consists in the acquisition of part or parts of one or more undertakings, whether or not those parts constitute separate legal entities, only the turnover relating to the part or parts which are the subject of the concentration shall be taken into account.

 

(3) Turnover within the meaning of this Article is:

 

1. for credit and other financial institutions, the sum of the following items of revenue, after deduction of value added tax, and, where applicable, other taxes relating to those items:

 

(a) income from interest and other similar income;

 

(b) income from securities: income from shares and other variable-yield securities; income from share contributions; income from shares in affiliated undertakings;

 

(c) commission receivable;

 

(d) net profit on financial operations;

 

(e) other operating income;

 

the turnover of a credit or financial institution in the Republic of Bulgaria shall comprise the items of revenue derived from its branches or subdivisions established in the Republic of Bulgaria;

 

2. in the case of insurance undertakings, the value of gross premiums, which shall comprise funds received and claims under insurance contracts issued by or on behalf of insurance undertakings, including the cost of reinsurance premiums after deduction of taxes and contributions or charges in respect of individual premium amounts or total premiums.

 

(4) The total turnover of the undertaking shall be calculated as the sum of the respective turnovers of:

 

1. the relevant participating undertaking;

 

2. the undertakings controlled directly or indirectly pursuant to Article 22(1)(a), (b) the undertaking which is a member of the participating undertaking; or (3) by the participating undertaking;

 

3. the undertakings directly or indirectly controlling pursuant to Article 22(1) of the participating undertaking 3 of the participating undertaking concerned;

 

4. other undertakings directly or indirectly controlled pursuant to Article 22(1) of the participating undertaking's rules of procedure 3 by an undertaking controlling the relevant participating undertaking;

 

5. undertakings which are jointly controlled by the undertakings referred to in points 1 to 4.

 

(5) Where any of the undertakings referred to in paragraph (4)(1)-(4) jointly controls another undertaking, in calculating the total turnover:

 

(1) the turnover resulting from the sale of products or the provision of services between the joint venture and the undertakings referred to in sub-paragraphs (1) to (4) shall not be taken into account;

 

2. the turnover resulting from the sale of products and the provision of services between the joint ventures and any third undertaking shall be taken into account; that turnover shall be divided equally between the undertakings exercising joint control.

 

concentration clearance

 

Art. 26. (1) The Commission shall authorise a concentration if it does not have the effect of creating or strengthening a dominant position which would significantly impede effective competition in the relevant market.

 

(2) The Commission may authorise a concentration which, even if it establishes or strengthens a dominant position, has as its object the modernisation of the business concerned, the improvement of market structures, the better satisfaction of consumer interests and, taken as a whole, the positive effects outweigh the negative effects on competition in the relevant market.

 

Chapter Six.

SECTOR ANALYSIS AND COMPETITION ADVOCACY

 

Sectoral analyses of the competitive environment

 

Art. 27. (1) The Commission shall carry out a sectoral analysis where competition in a sector, industry, sub-sector or region may be prevented, restricted or distorted.

 

(2) In the framework of the analysis referred to in par. (1), the Commission may identify relevant markets and examine their characteristics and structure, barriers to entry, market participants, degree of market concentration, sector dynamics, regulations, self-regulation and draw conclusions on the state of the competitive environment.

 

Competition advocacy

 

Art. 28. In order to protect free initiative in economic activity and to prevent restriction or distortion of competition, the Commission shall assess the compliance with the provisions of this Law of:

 

1. draft regulatory or administrative and general administrative acts;

 

2. existing normative or regulatory administrative and general administrative acts;

 

3. draft acts of associations of undertakings regulating the activities of their members.

 

 

 

Chapter Seven.

PROHIBITION OF UNFAIR COMPETITION

 

General prohibition

 

Art. 29. Any act or omission in the conduct of a business which is contrary to fair commercial practice and injures or is likely to injure the interests of competitors shall be prohibited.

 

Damage to the reputation of competitors

 

Art. 30. It shall be prohibited to damage the reputation and credibility of competitors and the goods or services offered by them by asserting or disseminating false information or by misrepresenting facts.

 

Misrepresentation

 

Art. 31. It shall be prohibited to mislead as to the essential characteristics of goods or services or as to the manner in which the goods or services are to be used, either by making false statements or by misrepresenting facts.

 

Prohibition of misleading and comparative advertising

 

Art. 32. (1) Misleading advertising and unauthorised comparative advertising shall be prohibited.

 

(2) The advertiser and the advertising agency which prepared the advertisement shall be liable for misleading and unauthorised comparative advertising.

 

Misleading advertising

 

Art. 33. (1) Misleading advertising is any advertising which in any way, including by the manner of its presentation, deceives or is likely to deceive the persons to whom it is addressed or reaches and is therefore likely to influence their economic behaviour or for those reasons causes or is likely to cause damage to a competitor.

 

(2) In determining whether an advertisement is misleading, account shall also be taken of:

 

1. the characteristics of the goods and services, such as: availability, type, workmanship, composition, manner and date of manufacture of the goods or performance of the services, fitness for use, methods of use, quantity, geographical and commercial origin, results to be expected from their use, results and essential characteristics of tests or samples made on the goods or services;

 

2. the price or manner of formation and the conditions of supply of the goods and performance of the services;

 

3. particulars of the advertiser or advertiser, such as: name or business name, address or registered office, business address, property, industrial and intellectual property rights, awards or distinctions received.

 

Comparative advertising

 

Art. 34. (1) Comparative advertising is any advertising which directly or indirectly identifies a competitor or the goods or services offered by it.

 

(2) Comparative advertising is permitted where:

 

1. it is not misleading within the meaning of Article 33 of this Law and it is not an unfair commercial practice within the meaning of Articles 68e, 68f, 68g of the Consumer Protection Law;

 

2. compares goods or services satisfying the same needs or intended for the same purpose;

 

3. objectively compares one or more characteristics of goods and services which are essential, comparable and representative of those goods and services, including their prices;

 

4. does not cause confusion between the advertiser and its competitors or between the advertiser's trademarks, trade names, other distinctive features, goods or services and those of its competitors;

 

5. not bring into disrepute or tarnish the trade marks, trade names, other distinctive signs, goods, services, activities or position of competitors;

 

6. compares goods with the same designation of origin;

 

7. does not take unfair advantage of the trade mark, trade name or other distinctive character of competitors or of the designation of origin of competing goods;

 

8. does not represent the goods or services as an imitation or copy of goods or services bearing a trademark or trade name.

 

(3) In addition to the circumstances referred to in paragraph (2), the provisions of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs shall be taken into account when assessing whether a comparative advertisement is permitted.

 

Imitation

 

Art. 35. (1) It shall be prohibited to offer goods or services with an appearance, packaging, marking, name or other features which mislead or are likely to mislead as to the origin, producer, seller, manner and place of production, source and manner of acquisition or use, quantity, quality, nature, consumer properties and other essential characteristics of the goods or services.

 

(2) It shall be prohibited to use a trade name, mark or geographical indication identical or similar to those of others in a manner that may result in damage to the interests of competitors.

 

(3) It is prohibited to use a domain name or the appearance of a website identical or similar to those of others in a way that may mislead and/or harm the interests of competitors.

 

Unfair solicitation of customers

 

Art. 36. (1) It shall be prohibited to engage in unfair competition aimed at attracting customers, which results in the termination or breach of contracts concluded or prevents their conclusion with competitors.

 

(2) It shall be prohibited to offer or give in addition to the goods or services sold, free of charge or for an apparent price, any other goods or services, with the exception of: advertising items of negligible value and with a clear indication of the advertising undertaking; items or services which, according to commercial practice, belong to the goods or services being sold; goods or services as a discount when sold in larger quantities.

 

(3) It shall be prohibited to make a sale where something is offered or promised in conjunction with the sale, the receipt of which depends on: solving problems, puzzles, questions, riddles; collecting a series of coupons and the like; playing games with monetary or material prizes, the value of which significantly exceeds the price of the good or service sold. The Commission shall, pursuant to Article 8(14), adopt rules specifying in which cases the value of the prize promised significantly exceeds the price of the good or service sold.

 

(4) The sale on the domestic market of substantial quantities of goods for a prolonged period of time at prices lower than the costs of their production and sale in order to unfairly attract customers shall be prohibited.

 

Prohibition of disclosure of manufacturing or trade secrets

 

Art. 37. (1) It shall be prohibited to learn, use or disclose a manufacturing or trade secret contrary to good commercial practice.

 

(2) The use or disclosure of a manufacturing or trade secret shall also be prohibited where it is known or communicated on condition that it not be used or disclosed.

 

 

 

Chapter Seven "a".

ABUSE OF A STRONGER BARGAINING POSITION (NEW, SG NO. 56/2015)

 

Chapter seven "a".

 

Art. 37а. (New, SG No. 56/2015) (1) Any act or omission of an undertaking with a stronger bargaining position which is contrary to good commercial practice and harms or is likely to harm the interests of the weaker bargaining party and of consumers shall be prohibited. Acts or omissions which have no objective economic justification, such as an unjustified refusal to supply or purchase goods or services, the imposition of unreasonably onerous or discriminatory conditions, or the unjustified termination of a business relationship, are unfair.

 

(2) The existence of a stronger bargaining position shall be determined having regard to the characteristics of the structure of the relevant market and the particular legal relationship between the undertakings concerned, taking into account the degree of interdependence between them, the nature of their activities and the difference in their scale, the likelihood of finding an alternative trading partner, including the existence of alternative sources of supply, distribution channels and/or customers.

 

Title Three.

PRODUCTION

 

Chapter Eight.

GENERAL

 

Grounds for instituting proceedings

 

Art. 38. (1) Proceedings before the Commission shall be instituted by:

 

1. a decision of the Commission;

 

2. a request of a public prosecutor;

 

3. a request of the persons whose interests are affected or endangered by a violation under this Act;

 

4. a request for exemption from a sanction;

 

5. a request of persons whose interests are affected by acts issued contrary to this Act;

 

6. a notification for the authorisation of a concentration of undertakings;

 

7. a request from another national competition authority of a Member State of the European Union or from the European Commission pursuant to Article 20(5) and Article 22 of Regulation (EC) No 1/2003, as well as pursuant to Article 12 and Article 13(5) of Regulation (EC) No 139/2004;

 

8. a request for an opinion of a public authority, including an executive or local authority.

 

(2) Where irregularities are detected, the request or notification shall be left pending and a notice shall be sent to the applicant or notifier to remedy them within 7 days. If they are not remedied within the time limit, the Chairman of the Commission shall, by order, refuse to institute proceedings.

 

(3) The request under par. (4) shall be submitted in a form approved by the decision of the Commission under Article 101, paragraph 5. The identity of the applicant shall be kept confidential.

 

 

 

Initiation of proceedings

 

Art. 39. (1) The Chairman of the Commission shall, by order, institute proceedings and appoint a member of the Commission to supervise the inquiry.

 

(2) The Chairman shall by order appoint a working team from the staff of the Administration to conduct the inquiry.

 

 

 

Suspension of proceedings

 

Art. 40. (1) The Commission may, by order, stay proceedings where its final determination depends on the determination of a question or dispute within the jurisdiction of another authority.

 

(2) The Commission may by order also stay the proceedings in the cases referred to in Article 13 of Regulation (EC) No 1/2003 and Article 22(2) of Regulation (EC) No 139/2004.

 

(3) (amend. - SG 77/2018, in force from 01.01.2019) The determinations referred to in para. (1) and (2) shall be subject to appeal pursuant to Art. 64, par. 3.

 

(4) Proceedings shall be resumed by order of the court of its own motion or at the request of one of the parties, once the obstacles to their movement have been removed.

 

 

 

Termination of the proceedings

 

Art. 41. No proceedings shall be instituted and those instituted shall be terminated by decision of the Commission:

 

1. where the Commission is not competent to rule;

 

2. where the limitation period prescribed by law has expired;

 

3. in the cases referred to in Articles 11(6) and 13 of Regulation (EC) No 1/2003 and Article 22(3) of Regulation (EC) No 139/2004;

 

4. where the notifying party or the defendant is deleted, cannot be found or does not exist;

 

5. where the notifying party withdraws its request for authorisation of a concentration;

 

6. in the cases referred to in Article 75(2).

Duration

 

Art. 42. (1) The statute of limitations for offences under this Act shall be:

 

1. three years - for violation of the provisions related to requests for information or carrying out inspections;

 

2. five years for all other offences.

 

(2) The statute of limitations shall begin to run on the day the violation was committed, and in the case of a continuing violation, on the day the violation ceased.

 

(3) Upon the initiation of proceedings for the establishment of an infringement by the Commission or by another national competition authority of a Member State of the European Union or by the European Commission, the limitation period under par. 1 shall be interrupted.

 

(4) During the proceedings and until the entry into force of the decision of the Commission, no limitation period shall run.

 

(5) The Commission shall monitor the limitation period ex officio.

 

Parties to the proceedings

 

Art. 43. (1) The parties to proceedings before the Commission shall be the persons at whose request or notice the proceedings are instituted and the persons alleged to have committed an offence under this Act.

 

(2) The Commission may constitute interested persons on their reasoned request:

 

1. at any time in proceedings under Chapters Nine and Twelve;

 

2. within 30 days from the day of publication of the decision to initiate an in-depth investigation of a concentration under Chapter Ten.

 

Study

 

Art. 44. (1) The investigation shall be carried out by the working team designated under Article 39(2) and shall be supervised by a member of the Commission, who shall give instructions where necessary.

 

(2) The survey shall be carried out subject to the provisions of this Chapter and in accordance with Chapters Nine, Ten, Eleven and Twelve.

 

(3) The investigation and determination of the position of undertakings in the relevant market shall be carried out in accordance with a methodology adopted by the Commission.

 

Powers in carrying out the investigation

 

Art. 45. In the course of the study, the supervising member of the Commission and the working team appointed under Article 39, paragraph 2 shall have the right to:

 

1. request information and physical, written, digital and electronic evidence, regardless of the medium on which it is stored;

 

2. take oral or written explanations;

 

3. carry out on-site inspections;

 

4. commission external experts to carry out examinations;

 

5. request information or assistance from other national competition authorities of Member States of the European Union and from the European Commission.

 

Duty to cooperate

 

Art. 46. All natural and legal persons, including undertakings, associations of undertakings, state and local authorities, non-governmental organisations and the National Statistical Institute, shall be obliged to cooperate with the Commission in the exercise of its powers under this Law, as well as under Regulation (EC) No 1/2003 and Regulation (EC) No 139/2004.

 

 

 

Collection of information

 

Art. 47. (1) Persons from whom assistance is requested pursuant to this Law, as well as pursuant to Regulation (EC) No 1/2003 and Regulation (EC) No 139/2004, may not invoke any manufacturing, commercial or other secret protected by law.

 

(2) Where the information contains data constituting classified information, the procedure laid down in the Classified Information Protection Act shall apply.

 

(3) Where the information contains personal data, the procedure provided for in the Personal Data Protection Act shall apply.

 

(4) Persons from whom information has been requested must submit it within a time limit set by the Commission.

 

(5) Information provided by persons in the course of proceedings must be complete, accurate, reliable and not misleading.

 

(6) The Commission may accept as proved the facts as to which a party or interested person has prevented the gathering of the information requested of them.

 

Use of the information

 

Art. 48. Any information collected in the course of the proceedings may be used only for the purposes of this Law.

 

Taking of oral explanations

 

Art. 49. (1) Oral explanations in the course of the inquiry shall be taken and recorded by the working team.

 

(2) The record shall be signed by the person who gave the explanations and by the proceedings working team.

 

(3) Where, in relation to a person who has given explanations or has provided evidence of an offence under this Act, there are reasonable grounds for believing that serious adverse consequences to his practice or to his person would result from the disclosure of his identity, the Commission shall take measures to keep his identity secret in accordance with the procedure laid down in internal rules adopted by the Commission.

 

On-the-spot checks

 

Art. 50. (1) The Commission may carry out any on-site inspections of undertakings and associations of undertakings after obtaining authorisation under Article 51.

 

(2) In the course of the inspections referred to in par. (1) the officers designated by order of the Chairman of the Commission shall have the power to:

 

1. enter the premises, vehicles and other objects used by undertakings or associations of undertakings;

 

2. examine all documents and records relating to the activities of undertakings or associations of undertakings, irrespective of the medium on which they are stored;

 

3. seize or obtain on paper, digital or electronic media any copies or extracts of documents and records, irrespective of the medium on which they are stored, and, where that is not possible, seize the originals as well as other physical evidence;

 

4. seize or obtain electronic, digital and forensic evidence as well as traffic data from all types of computer data carriers, computer systems and other media, and seize means of transmission of information;

 

5. gain access to any information media, including servers, which may be accessed through computer systems or other means located on the premises being inspected;

 

6. seal for a specified period premises, vehicles and other objects used by the undertakings or associations of undertakings, books of business or accounts or other media of information being inspected;

 

7. take oral explanations from any representative or member of the governing bodies or from the staff of the undertakings or associations of undertakings concerning circumstances relevant to the subject-matter and the purposes of the inspection.

 

(3) In carrying out on-site inspections, the police authorities shall provide assistance to the Commission staff in accordance with their powers under the Law on the Ministry of the Interior. The procedure for organizing and conducting the joint actions shall be determined by an instruction issued by the Minister of the Interior and the Chairman of the Commission.

 

(4) (amend. - SG No. 2/2018) Documents and evidence discovered may be seized if they contain data giving rise to reasonable suspicion of other infringements under Article 15, 21 or 24 of this Law or under Article 101 and 102 of the Treaty on the Functioning of the European Union. Upon completion of the examination, they shall be immediately submitted to the Commission for a decision pursuant to Article 38(1). 1, т. 1.

 

Judicial authorisation

 

Art. 51. (1) On-the-spot inspections shall be carried out with the permission of a judge of the Administrative Court - Sofia, at the request of the Chairman of the Commission.

 

(2) The request for permission shall contain:

 

1. the purpose of the inspection and the name of the enterprise or association of enterprises for which permission is requested to inspect;

 

2. the nature of the alleged infringements and, in the case of proceedings under Chapter Ten, the nature of the concentration and the participants therein;

 

3. a statement of the reasons which make it necessary.

 

(3) In the cases referred to in Article 93, the request for authorisation shall be accompanied by the decision of the Commission to provide assistance and the request for assistance.

 

(4) The Administrative Court - Sofia shall rule on the request on the day of its receipt by an order. In the order, the court shall indicate the exact name of the undertaking or association of undertakings to be examined. The authorisation shall apply to all premises, vehicles and other objects used by the undertaking or association of undertakings being inspected.

 

(5) Where it is necessary to carry out simultaneous inspections of several undertakings or associations of undertakings, the chairman of the Commission may make a single application and the court shall make separate orders in respect of each undertaking or association of undertakings.

 

(6) Orders under paragraphs (4) and (5) or refusal to issue such orders shall be subject to appeal before a three-member panel of the Supreme Administrative Court within three days. The time limit shall start to run from the notification to the Commission, respectively to the undertaking or association of undertakings. The appeal shall not suspend enforcement.

 

Procedure for gathering evidence during on-the-spot checks

 

Art. 52. (1) The taking of evidence in on-site inspections shall be carried out by the officers of the Commission in the presence of representatives of the undertaking or association of undertakings, its employees or any other person who is entitled to be present on the premises or vehicles or is present on the premises at the time of the inspection.

 

(2) Copies of documents seized shall be certified by the officers of the Commission and by the representatives of the undertaking or association of undertakings or by an authorised officer. If the representatives refuse to make the certification, it shall be made only by the officers of the Commission.

 

(3) Electronic copies of seized documents, digital, electronic and forensic evidence shall be properly sealed.

 

(4) The original documents, physical evidence and information on electronic or digital media shall be seized in the condition in which they were found at the time of the inspection and shall be returned to the undertaking or association of undertakings after the decision of the Commission has taken effect.

 

(5) At the request of the undertakings or associations of undertakings from which original documents have been seized, they may also be returned before the decision of the Commission has become final. In any case, the Commission shall return the seized original documents where the exercise of rights thereunder is connected with their actual possession.

 

(6) In the cases referred to in paragraph (5), the Commission shall use copies of the original documents certified by the representatives of the Commission and of the undertakings or associations of undertakings from which the originals were seized.

 

(7) A report shall be made on the spot of the evidence seized under paragraphs (2), (3) and (4), with a full and accurate inventory of what has been seized. The record shall be signed in accordance with paragraph (2) and shall be provided to the persons from whom the evidence was seized.

 

External experts

 

Art. 53. (1) Where special knowledge is necessary for the clarification of the circumstances of the proceedings of the Commission, the Commission may, at the request of the parties or on its own initiative, by order, have an expert examination carried out by an external expert. The order shall specify the expert, the task of the expert and the time limit for the submission of the expert's report.

 

(2) The expert may not be a person directly or indirectly interested in the outcome of the proceedings.

 

(3) The expert shall submit his report to the Commission, which shall adopt it by order. In the event of a challenge to the conclusion, the Commission may assign the expert report to one or more other experts.

 

(4) A supplementary expert report shall be commissioned where the report is not sufficiently complete and clear, and a re-examination shall be commissioned where it is not justified and there is doubt as to its correctness.

 

(5) The Commission shall not be bound to accept the expert's conclusion but shall consider it together with the other evidence gathered in the course of the proceedings.

 

Cooperation with national competition authorities and the European Commission in the investigation

 

Art. 54. (1) The Commission shall cooperate with the European Commission and the other national competition authorities of the Member States by receiving and providing assistance and exchanging information in accordance with Regulation (EC) No 1/2003 and Articles 11(6), 12 and 13(5) of Regulation (EC) No 139/2004.

 

(2) The authority using the exchanged information shall provide the same level of protection in relation to that information as the national competition authority of the Member State providing it.

 

Access to the file of the proceedings

 

Art. 55. (1) The parties and interested persons constituted in the proceedings shall have the right of access to all the material collected in the course of the investigation, with the exception of material containing business, commercial or other secrets protected by law. Access shall not be granted to internal documents of the Commission, including correspondence with the European Commission and other national competition authorities of Member States of the European Union.

 

(2) (amend. - SG 77/2018, in force from 01.01.2019) Any person who provides information to the Commission in the course of proceedings shall indicate the materials which he claims contain a manufacturing, commercial or other secret protected by law and should be considered confidential by the Commission. In such cases, the person shall state the reasons for his or her assertions and shall provide the same material in a version in which the information he or she considers confidential has been deleted. If the Commission considers that information is not confidential, it shall make an order and inform the person accordingly. The order shall be subject to appeal under Article 64(1). 3.

 

(3) Material specified as containing a manufacturing, commercial or other secret protected by law may be disclosed and used by the Commission if it is essential to prove the infringement or to exercise the rights of the defendant.

 

(4) The procedure governing the access, use and retention of documents constituting manufacturing, trade or other secrets protected by law shall be governed by rules adopted by the Commission.

 

Interim measures

 

Art. 56. (1) Where, in an investigation under Chapter Nine, there is sufficient evidence of an infringement, the Commission may, in urgent cases, because of the risk of serious and irreparable damage to competition, on its own initiative or at the request of the persons whose interests are affected or threatened by the infringement, order the immediate cessation of the practice by the undertaking or association of undertakings or impose such other measures as are necessary in view of the objectives of this Act. The Commission may not impose measures which are within the competence of other authorities and provided for in other laws.

 

(2) (amend. - SG 77/2018, in force from 01.01.2019) The temporary measures referred to in par. 1 may be ordered at any time during the proceedings. The Commission shall impose the provisional measures by a reasoned order stating the purpose of the measure and justifying its type and urgency. The order shall be subject to an appeal pursuant to Article 64(1)(b). 3. The appeal shall not suspend the execution of the provisional measure.

 

(3) Provisional measures shall have effect for a period of up to three months from the date of their pronouncement. If necessary, this period may be extended in accordance with paragraph 2. Interim measures may remain in force until the Commission has taken a decision on the merits.

 

(4) The Commission may also revoke the interim measure before its expiry, if the unlawful practice is brought to an end and the harm to competition is prevented.

 

Completion of the study

 

Art. 57. (1) Upon completion of the inquiry, the working team shall submit to the supervising member of the Commission a report containing a factual and legal analysis of the case, as well as a proposal on how to conclude the proceedings.

 

(2) The supervising member of the Commission shall notify the Chairman of the conclusion of the inquiry. The chairperson shall, by resolution, schedule a closed session of the committee at which the subsequent course of the proceedings shall be decided.

 

Meetings of the Committee

 

Rule 58. (1) The meetings of the Commission shall be open and closed.

 

(2) The parties may avail themselves of legal protection.

 

(3) No evidence shall be admitted in open session of the Commission unless it is newly discovered or newly arising.

 

(4) In open session, at the discretion of the Commission, outside experts who have provided expert opinion may be called, as well as other persons, state agencies, and local government agencies.

 

Quorum

 

Art. 59. (1) (amend. - 54 of 2010, amend. - SG No. 54, item 54. 73 of 2011, in force from 21.10.2011) The meetings shall be regular when at least 4 members of the Commission are present.

 

(2) (amend. - SG 54/10, amend. - SG No. 54, item 54. (54 of 2010, in force from 21.10.2011) The Commission shall issue decisions and rulings by open vote and by a majority of 4 votes. In the event that fewer than 7 members are present at the meeting, the decision or the order shall be adopted only if at least 4 members of the Commission have voted in favour thereof.

 

 

 

Decisions of the committee

 

Art. 60. (1) The Commission shall, in closed session, adopt a decision by which:

 

1. order that an in-depth investigation be initiated;

 

2. establishes the offence committed and the offender;

 

3. imposes pecuniary sanctions, periodic sanctions and/or fines;

 

4. exempts or reduces the amount of the sanction in accordance with Article 101;

 

5. (amend. - SG 2/2018) establish that no infringement of the law has been committed or that there are no grounds for taking action for an infringement under Articles 101 and 102 of the Treaty on the Functioning of the European Union;

 

6. terminates the proceedings;

 

7. resume the proceedings where proceedings have been terminated pursuant to Article 75(2);

 

8. approve commitments entered into and fix a time-limit for their implementation;

 

9. exempt certain categories of agreements, decisions and concerted practices from the prohibition in Article 15;

 

10. rule that the relevant block exemption decision does not apply in the particular case and specify a time limit within which the parties shall bring their agreement into conformity with Article 17 or terminate it;

 

11. (amend. - SG 2/2018) withdraw the right to use the relevant European Union block exemption regulation from the prohibition under Art. 101, par. 1 of the Treaty on the Functioning of the European Union in the event that the conditions of Article 29 of Regulation (EC) No 1/2003 are met, and shall specify a time limit within which the parties shall bring their agreement into compliance with the requirements of Article 101(1) of Regulation (EC) No 1/2003. 3 of the Treaty on the Functioning of the European Union or to terminate it;

 

12. order the cessation of the infringement, including by imposing appropriate behavioural and/or structural measures to restore competition;

 

13. rule that a transaction does not constitute a concentration or does not fall within the scope of the obligation of prior notification;

 

14. clear the concentration;

 

15. clear the concentration subject to proposed modifications by the parties;

 

16. clear the concentration subject to conditions;

 

17. prohibit the concentration;

 

18. annul the decision authorising the concentration;

 

19. propose to the competent authorities to amend or revoke the relevant administrative act;

 

20. adopt an opinion on a draft or an existing regulatory or administrative act;

 

21. adopt a sectoral analysis;

 

22. order assistance;

 

23. order the closure of the assistance procedure;

 

24. decide on other matters within its competence.

 

(2) The Commission shall prepare and announce its decision and the reasons for it within 14 days after the closed meeting referred to in paragraph (1). 1. The decision shall be reasoned and signed by the members of the Commission who voted in the closed session.

 

Special opinion

 

Art. 61. (1) A member of the Commission who disagrees with the decision shall sign it with a dissenting opinion.

 

(2) The dissenting opinion shall be reasoned and attached to the decision.

 

Content of the decision

 

Art. 62. (1) The decision of the Commission shall be in writing and shall contain:

 

1. the name of the authority which issued it;

 

2. the factual and legal grounds on which it is based;

 

3. (amend. - SG 2/2018) a dispositive part establishing the existence or absence of an infringement under this Law; the existence of an infringement or absence of grounds for taking action for an infringement under Articles 101 and 102 of the Treaty on the Functioning of the European Union; the rights and obligations of the parties, the type and amount of the pecuniary sanction or of the fine, if any;

 

4. details of the time limit and the body before which an appeal may be lodged.

 

(2) The decision shall also specify the time limit for voluntary compliance with the financial penalty or fine imposed.

 

Order of the Commission

 

Art. 63. The Commission shall issue a ruling when it decides on matters which do not resolve the dispute on the merits, insofar as not otherwise provided for in this Law.

 

Appeals against decisions and orders

 

Art. 64. (1) (amend. and supplemented - SG 77/2018, in force from 01.01.2019) Decisions of the Commission, if not otherwise provided for in the law, may be appealed against their legality before the Administrative Court - Sofia Region by the parties and by any third party having a legal interest. Decisions shall be appealed within 14 days, starting from their notification under the Administrative Procedure Code, and for third parties - from their publication in the Commission's electronic register. Decisions of the court shall be subject to cassation appeal before the Supreme Administrative Court.

 

(2) (new - SG 77/2018, in force from 01.01.2019) The state fees for cassation appeals before the Supreme Administrative Court shall be set at the amount of the fees payable for proceedings before the Commission for Protection of Competition. The state fees for the annulment of final judicial acts and for private appeals shall be determined in accordance with the Administrative Procedure Code.

 

(3) (former para. 2, amend. - SG 77/2018, in force from 01.01.2019) The Commission's determinations, for which this is provided, may be appealed against their legality by the parties in the proceedings under the procedure for appealing the Commission's decisions. Determinations shall be appealed within 7 days of their notification under the Administrative Procedure Code before the Administrative Court - Sofia Region.

 

Entry into force of decisions and rulings

 

Art. 65. The decisions and determinations of the Commission shall enter into force when:

 

1. they are not subject to appeal;

 

2. are not appealed within the time limit referred to in Article 64 or the appeal is withdrawn;

 

3. the appeal lodged is not upheld.

 

Enforcement of decisions

 

Art. 66. (1) Decisions of the Commission prohibiting a concentration between undertakings or ordering the termination of an infringement, including by imposing behavioural and/or structural measures to restore competition, shall be immediately enforceable.

 

(2) The Commission may, on the basis of a request by the parties to the proceedings, order the immediate enforcement of the acts referred to in Articles 82, 85 and 88.

 

Control of the enforcement of decisions

 

Art. 67. The parties shall promptly inform the Commission of the execution of a decision if it imposes certain conditions or obligations.

 

Electronic register

 

Art. 68. (1) The Commission shall maintain an electronic register of its decisions.

 

(2) Decisions of the Commission closing proceedings and decisions to initiate an in-depth investigation of a concentration under Article 82(1) shall be published in the register. 3, т. 4.

 

(3) The Register shall also publish notices of proceedings initiated for the authorisation of concentrations under Chapter Five and for investigations under Chapters Nine and Twelve.

 

(4) The decisions referred to in paragraph (2) shall be published within 14 days of their pronouncement, and the notices referred to in paragraph (2) shall be published within 14 days of their pronouncement. (3) within 7 days of the initiation of the proceedings or of the on-site inspection referred to in Article 50.

 

Fees and costs

 

Art. 69. (1) (amend. - SG 77/2018, in force from 01.01.2019) State fees and costs shall be payable for proceedings under the Act. State fees before the Commission for Protection of Competition for proceedings under the Act shall be approved by the Council of Ministers.

 

(2) (amend. - SG 77/2018, in force from 01.01.2019) State bodies and local self-government bodies shall be liable for fees and costs of the proceedings.

 

(3) Amounts for the remuneration of external experts and specialists shall be paid in advance by the party requesting them in an amount determined by the Commission.

 

(4) Where the Commission makes a determination that an offence under the Act has been committed, it shall award to the offender the costs of the proceedings, if requested by the other party. Where the Commission has not found an offence, the costs shall remain with the parties as incurred.

 

Chapter Nine.

PROCEEDINGS FOR ESTABLISHING INFRINGEMENTS AND IMPOSING PENALTIES UNDER CHAPTERS THREE AND FOUR OF THIS LAW AND UNDER ARTICLES 101 AND 102 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION (AMENDED, SG NO. 2/2018)

 

Chapter Nine.

PROCEEDINGS FOR ESTABLISHING INFRINGEMENTS AND IMPOSING SANCTIONS UNDER CHAPTERS THREE AND FOUR OF THIS LAW AND UNDER ARTICLES 81 AND 82 OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY

 

Initiation of proceedings

 

Art. 70. (1) (amend. - SG 2/2018) Proceedings for the establishment of infringements and the imposition of sanctions under Chapters Three and Four of this Law and under Articles 101 and 102 of the Treaty on the Functioning of the European Union shall be initiated on the basis of Article 38, par. 1, т. 1 - 4.

 

(2) Proceedings under par. (1) shall be initiated within 7 days from the receipt of the request, respectively from the decision of the Commission.

 

(3) The decision to initiate proceedings at the initiative of the Commission on the basis of Art. 38 para. (1) shall not be subject to appeal.

 

Content of the request

 

Art. 71. (1) The request under Art. 38 par. 1, item 3 shall be in Bulgarian and shall contain:

 

1. the name and details of the registration/single civil number of the applicant and of the person against whom the complaint is made;

 

2. the address/place of business and registered office of the applicant and the person complained against;

 

3. a description of the circumstances on which the request is based and the alleged infringement;

 

4. what the request consists of;

 

5. the evidence in support of the application;

 

6. the signature of the person making the request or his representative;

 

7. proof of payment of the stamp duty.

 

(2) The request under par. 1 shall be submitted in a form approved by the Commission.

 

Study

 

Art. 72. The Commission shall conduct an inquiry into the proceedings in exercise of its powers under Article 45.

 

Report of the working party

 

Art. 73. (1) After gathering sufficient evidence on the subsequent course of the proceedings, the working team appointed under Article 39(2) shall prepare a report and submit it to the supervising member of the Commission.

 

(2) The supervising member of the Commission shall inform the Chairman of the report prepared. The Chairperson shall, by resolution, schedule a closed session of the Commission within 14 days of the completion of the study at which the further course of the proceedings shall be decided.

 

Closed meeting

 

Art. 74. (1) After considering the report referred to in section 73, the Commission shall, in closed session, rule:

 

1. (amend. - SG 2/2018) a decision establishing that no infringement has been committed or that there are no grounds for taking action for an infringement under Articles 101 and 102 of the Treaty on the Functioning of the European Union;

 

2. an order returning the file for further examination with binding instructions to the working party designated under Article 39(2);

 

3. an order referring the alleged infringement of the law by the defendant.

 

(2) In the order under par. (1)(3) shall specify a period of not less than 30 days within which the petitioner and the respondent shall have the right to submit their written objections to the allegations made and the constituted interested parties shall have the right to submit their statement. The order states that the parties and the interested parties shall have the right of access to the file under Article 55 and the right to be heard by the Commission under Article 76 in open court.

 

(3) In the case referred to in par. (1)(3), the petitioner and the respondent shall be provided with a version that does not contain any manufacturing, commercial or other secrets protected by law of the parties to the order, and the constituted interested parties shall be notified of the order made under par. 1, т. 3. The period for the submission of objections and observations referred to in paragraph 2 shall begin on the day of receipt of the order or the written notification thereof.

 

(4) At the same time as submitting their objections, the parties shall be obliged to submit any evidence they have in support.

 

(5) In the cases referred to in par. (1) (1) the parties shall be notified of the decision of the Commission and that they shall have access to the materials on file in accordance with Article 55.

 

Obligations of the defendant

 

Art. 75. (1) The respondent referred to in Article 74(2) may offer to enter into obligations to obtain an end to the conduct in respect of which the proceedings have been instituted.

 

(2) The Commission may by decision approve such undertakings. In such a case, the Commission shall terminate the proceedings without finding an infringement and shall rule that there are no longer grounds for continuing the proceedings. In the decision, the Commission may also fix a time limit for the obligations.

 

(3) The Commission may not adopt a decision on the assumption of obligations in the case of a serious infringement of the law.

 

(4) The Commission may, at the request or on its own initiative, resume the proceedings terminated under paragraph (2) where:

 

(1) there is a change in any of the circumstances on which the decision under paragraph (2) was based;

 

2. the undertakings fail to comply with the obligations undertaken;

 

3. the decision is found to be based on incomplete, inaccurate, unreliable or misleading information.

 

Hearing of the parties and interested persons in open session of the Commission

 

Art. 76. (1) The parties and interested persons shall have the right to be heard by the Commission in open session before a decision on the merits.

 

(2) The Commission may at its discretion hear other persons.

 

(3) After the expiration of the time limit for the submission of objections and submissions to the order under section 74(2), the Commission shall have the right to make any objections and submissions to the order under section 74(3). (1)(3), the Chairman shall, by resolution, schedule a public hearing at which the Commission shall hear the parties and interested persons. The public hearing shall be scheduled for a day to be fixed not earlier than 14 days after the expiry of the time-limit for the submission of objections or observations on the alleged infringements. The parties and interested parties shall be notified of the public hearing scheduled for their hearing in accordance with the Administrative Procedure Code.

 

(4) The parties and interested persons as well as the persons referred to in paragraph (2) shall be heard by the Commission in camera.

 

(5) The meeting of the Commission shall commence with the resolution of preliminary questions concerning the regularity of the proceedings.

 

(6) Questions may be put to the parties and interested persons in the order determined by the Chairman.

 

(7) When the Chairman of the Commission considers that the circumstances of the case have been clarified, he shall give the parties an opportunity to make representations.

 

(8) After the dispute has been clarified in fact and in law, the Chairman of the Commission shall close the meeting.

 

Closed session

 

Art. 77. (1) After hearing the parties, the Chairperson of the Commission shall schedule a closed session. At that meeting the Commission shall make a decision which:

 

1. identify the offence committed and the offender;

 

2. impose pecuniary sanctions, periodic sanctions and/or fines;

 

3. (amend. - SG 2/2018) finds that no infringement has been committed under this Law or that there are no grounds for taking action for an infringement under Articles 101 and 102 of the Treaty on the Functioning of the European Union;

 

4. order the cessation of the infringements, including by imposing appropriate behavioural and/or structural measures to restore competition;

 

5. rule that the block exemption decision does not apply in the particular case and set a time limit for compliance with Article 17 or termination;

 

6. (amend. - SG 2/2018) shall rule that the provisions of the relevant European Union block exemption regulation referred to in Article 101(2)(b) of Regulation (EU) No .../2010 shall not apply. 1 of the Treaty on the Functioning of the European Union shall not apply in the present case, and shall set a time limit for its compliance with Article 101(1) of the Treaty on the Functioning of the European Union. 3 of the Treaty on the Functioning of the European Union or termination.

 

(2) The Commission may by order:

 

1. accept new allegations of an infringement under the law pursuant to Article 74(1) of the Treaty. 1, т. 3;

 

2. return the file for further examination with binding instructions.

 

(3) The decision under par. (1)(4), the Commission shall impose structural measures only where there is no behavioural measure which is equivalent in its effect or where such behavioural measure which is equivalent in its effect would be more burdensome for the undertaking concerned than the structural measure.

 

(4) The parties shall be notified of the decision under paragraph (2). 1 in accordance with the Administrative Procedure Code.

 

Chapter Ten.

PROCEDURE FOR THE AUTHORISATION OF CONCENTRATION BETWEEN UNDERTAKINGS

 

Initiation of proceedings

 

Art. 78. (1) Proceedings for the assessment of a concentration shall be instituted pursuant to Article 38, par. 1, т. 6. The notification of concentration shall be submitted jointly by the undertakings which are merging or amalgamating or which have formed a joint venture, respectively by the undertaking acquiring control within the meaning of Article 22(1) of Regulation (EC) No 1/2003. 1, т. 2.

 

(2) The proceedings referred to in par. (1) shall be initiated within three days of receipt of the notification, unless the grounds referred to in Article 38(2) are present.

 

(3) The Commission may also initiate proceedings on its own initiative on the basis of Art. 38 par. (1)(1) where the concentration has been effected without authorisation, or under conditions and in a manner different from those under which it was authorised, and where the authorisation has been revoked by the Commission. The decision of the Commission to initiate proceedings shall not be subject to appeal.

 

(4) A notification of concentration under this Act shall also be made where the jurisdiction of the Commission follows from proceedings under Articles 4 and 9 of Regulation (EC) No 139/2004.

 

Content of the notification

 

Art. 79. (1) The notification referred to in Article 78, par. 1 shall contain information on:

 

1. the undertakings concerned;

 

2. the undertakings and persons directly or indirectly controlling the undertakings concerned by the concentration;

 

3. the undertakings over which the parties to the concentration exercise control within the meaning of Article 22(1)(b) of the Merger Agreement. 3;

 

4. the nature, legal form and purpose of the concentration;

 

5. the relevant markets in which the undertakings concerned operate;

 

6. the market shares and the sum of the total turnovers of the undertakings concerned;

 

7. the barriers to entry in the relevant markets;

 

8. the main competitors, suppliers and buyers;

 

9. a justification of the circumstances referred to in Article 26(1)(b) of the Agreement; and 1 or 2.

 

(2) In the notification referred to in par. (1) shall include a request that the Commission clear the concentration.

 

(3) The notification shall be completed on a form approved by the Commission.

 

(4) The specimen referred to in par. 3 and the instructions for its completion shall be approved by a decision of the Commission and shall be published on the website and on the Internet.

 

Expedited survey

 

Art. 80. (1) After the initiation of the proceedings under Art. 78, par. 1, the Commission shall carry out an assessment of the concentration by way of an accelerated examination, exercising the powers referred to in Article 45(1), (2), (4) and (5).

 

(2) Within 7 days of the publication referred to in Article 68, par. (3), any interested third party may submit information or an opinion on the effect of the concentration on competition in the relevant market.

 

(3) In assessing the concentration, account shall be taken of circumstances such as: the position of the undertakings in the relevant markets before and after the concentration, their economic and financial strength, access to the supply and marketing markets for the goods and services concerned, legal, administrative or other barriers to entry.

 

Time limits for the assessment of the concentration in the accelerated examination

 

Art. 81. (1) The assessment under the accelerated procedure shall be carried out within 25 working days, within which the Commission shall issue a decision under Article 82(1). 3.

 

(2) The time limit shall commence on the working day following the day on which the proceedings are instituted.

 

(3) In the event that the notification has been left in abeyance due to irregularities as referred to in Article 38(2), or in the event that additional information needs to be provided by the notifying undertakings, the time limits referred to in paragraph (2) shall not apply. 1 shall cease to run.

 

(4) At the request of the notifying undertakings, the Commission may extend the period referred to in par. 1 by up to 10 working days for the preparation of proposals for amendments to the concentration.

 

(5) Whether or not the period referred to in par. (4) If the time limit in paragraph (1) is extended by virtue of paragraph (4), it shall be extended by a further 10 working days from the day on which the notifying undertaking provides the Commission with full information in relation to the proposed variations to the terms of the concentration.

 

Completion of the evaluation in the accelerated study

 

Art. 82. (1) Upon completion of the accelerated study, the working team designated under Article 39(2) shall prepare a report which it shall submit to the supervising member of the Commission.

 

(2) The supervising member of the Commission shall notify the Chairman of the completion of the expedited study. The Chairperson shall, by resolution, schedule a closed session of the Commission at which the further course of the proceedings shall be decided.

 

(3) The Commission in closed session shall issue a decision that:

 

1. rule that the transaction does not constitute a concentration or does not fall within the scope of Article 24;

 

2. authorises the concentration pursuant to Article 26(1)(b) of Regulation No. 1;

 

3. clear the concentration in accordance with the modifications proposed by the parties to the concentration;

 

4. initiate an in-depth investigation pursuant to Article 83.

 

(4) The Commission may revoke its decision under par. (3)(1)-(3) where it is based on incomplete, inaccurate, unreliable or misleading information.

 

(5) Pending a decision of the Commission under par. (3), any factual and legal actions relating to the proposed concentration shall be prohibited. This prohibition shall not apply in the case of a tender offer or a series of transactions in securities admitted to trading on regulated markets for financial instruments by means of which control is acquired within the meaning of Article 22(1)(a). (3) by different sellers, provided that the Commission is notified pursuant to Article 24(2) without delay and that the person acquiring the securities does not exercise the voting rights attached to them, except to preserve the value of the investment made.

 

(6) The Commission shall notify, in accordance with the Administrative Procedure Code, the persons referred to in Article 78, par. 1of the decision taken under par. (3) and of the possibility to get acquainted with the materials on file.

 

(7) The decision under par. (3)(4) shall not be subject to appeal.

 

In-depth examination

 

Art. 83. (1) An in-depth review of a concentration shall be carried out where, as a result of the assessment carried out under the expedited review, the Commission finds that the concentration raises serious doubts that, as a result of its implementation, an existing dominant position will be created or strengthened and effective competition in the relevant market will be significantly impeded.

 

(2) Within 30 days of the publication in the electronic register of the decision to initiate an in-depth investigation pursuant to Article 68(2), any interested person may submit information or an opinion on the effect of the concentration on competition in the relevant market.

 

(3) The Commission shall carry out the in-depth review of the concentration by exercising the powers under Article 45.

 

Time limit for the in-depth review of the concentration

 

Art. 84. (1) The Commission shall carry out the in-depth investigation and conclude the proceedings within 4 months of the publication in the electronic register referred to in Article 68(2). In cases presenting factual and legal complexity, the time limit may be extended by no more than 25 working days.

 

(2) In the case of proposed measures under Article 86, the time limits provided for in par. 1 shall be extended by 15 working days. The extension of time shall commence on the day following the day on which the Commission receives full information in relation to the proposed measures.

 

Closed session

 

Art. 85. (1) After collecting sufficient evidence on the subsequent course of the proceedings, the working team appointed under Article 39(2) shall prepare a report and submit it to the supervising member of the Commission.

 

(2) The supervising member of the Commission shall inform the Chairman of the report prepared. The Chairperson shall, by resolution, schedule a closed session of the Committee which shall rule:

 

1. a decision authorising the concentration referred to in Article 26, par. 2;

 

2. an order adopting its preliminary conclusions on the effect of the concentration on competition.

 

(3) The order referred to in paragraph (2)(2) shall specify a period of not less than 14 days within which the notifying party and the interested parties may submit their views on the preliminary conclusions of the Commission. The order shall state that the parties and interested persons shall have the right of access to the file in accordance with Article 55 and the right to be heard by the Commission in accordance with Article 87.

 

(4) In the case referred to in subsection (2), the persons referred to in Article 78, para. (1) shall be sent the order of the Commission, and the interested persons constituted under Article 43, paragraph 2, item 2 shall be notified of the order. The time limit for the submission of comments under par. 3 shall begin on the day of receipt of the copy of the order or of the written notification thereof.

 

(5) At the same time as submitting their statements on the preliminary findings, the parties and interested persons shall submit any evidence in their possession in support thereof.

 

(6) In the case referred to in subsection (2)(1), the parties shall be notified in accordance with the Administrative Procedure Code of the decision rendered and of the opportunity to inspect the materials on file.

 

Measures to safeguard competition

 

Art. 86. (1) The Commission may impose measures directly related to the implementation of the concentration which are necessary to preserve effective competition and limit the negative impact of the concentration on the affected market.

 

(2) The Commission may also approve measures under par. 1 proposed by the persons referred to in Article 78(1). 1.

 

Hearing of the parties and interested persons in open court

 

Art. 87. (1) The parties and interested persons shall have the right to be heard by the Commission in open session before a decision on the merits.

 

(2) After the expiration of the time limit for the submission of views under Article 85, par. (3), the Chairperson shall, by resolution, schedule an open hearing at which the Commission shall hear the parties and interested persons. The public hearing shall be scheduled for a day to be fixed not earlier than 14 days after the expiry of the period for the submission of views on the objections. The parties and interested parties shall be notified of the public hearing scheduled for them in accordance with the Administrative Procedure Code.

 

(3) The parties and interested persons shall be heard by the Commission in camera.

 

(4) The meeting of the Commission shall commence with the resolution of preliminary questions concerning the regularity of the proceedings.

 

(5) Questions may be put to the parties and interested persons in the order determined by the chairperson.

 

(6) When the Chairman considers that the circumstances of the case have been clarified, he shall give the parties an opportunity to make representations.

 

(7) After the dispute has been clarified in fact and in law, the President shall close the hearing.

 

Conclusion of the in-depth investigation

 

Rule 88. (1) After hearing the parties, the President shall schedule a closed hearing. The Commission shall issue a decision which:

 

1. clear the concentration;

 

2. clear the concentration, subject to the implementation of measures directly related to the implementation of the concentration and necessary to preserve effective competition and limit its negative impact on the affected market;

 

3. prohibit the concentration.

 

(2) Pending the decision of the Commission under par. (1) any factual and legal actions related to the intended concentration shall be prohibited. This prohibition shall not apply in the case of a tender offer or a series of transactions in securities admitted to trading on regulated markets for financial instruments by means of which control is acquired within the meaning of Article 22(1)(a). (3) by different sellers, provided that the Commission is notified pursuant to Article 24(2) without delay and that the person acquiring the securities does not exercise the voting rights attached to them, except to preserve the value of the investment made.

 

(3) The Commission may revoke its decision under par. (1) (1) and (2) where it is based on incomplete, inaccurate, unreliable or misleading information, and where the participants fail to comply with the measures ordered in the Commission's decision under par. 1, т. 2.

 

(4) The parties shall be notified of the Commission's decision in accordance with the Administrative Procedure Code.

 

Closure of proceedings initiated by the Commission

 

Art. 89. (1) Where the Commission has initiated proceedings on its own initiative in the cases referred to in Article 78, par. 3, it may decide:

 

1. that there is no breach of the obligation under Art. 24;

 

2. impose a pecuniary sanction for non-compliance with the obligation under Article 24, as well as the appropriate measures under Article 90.

 

(2) The investigation referred to in par. (1) shall be carried out in accordance with Chapter Eight as well as with Articles 74 and 76.

 

Measures to restore effective competition

 

Art. 90. The Commission may, notwithstanding the pecuniary sanctions referred to in Art. 89 para. 1(2) may impose on the parties to the transaction other behavioural and/or structural measures necessary to restore effective competition, including by ordering the division of the pooled capital, shares or assets and/or the termination of common control, if it finds that:

 

1. a concentration has taken place in breach of a decision rendered pursuant to Article 88(1) of the EC Treaty. 1(3), or

 

2. a concentration which should be prohibited or conditionally authorised has taken place:

 

(a) in contravention of Article 24, or where the concentration is carried out under conditions and in a manner different from those taken into account by the Commission when issuing a decision under Article 82(1). (3)(2) and (3), Article 85(2)(1) and Article 88(2)(1) 1, т. 1;

 

1, т. 2;

 

(c) in the case of an authorisation revoked by a decision under Article 82(4) or Article 88(4). 3.

 

 

 

Chapter eleven.

OTHER PROCEEDINGS

 

Proceedings for sectoral analysis

 

Art. 91. (1) Proceedings for carrying out a sectoral analysis of the competitive environment shall be initiated by a decision of the Commission pursuant to Art. 38, par. 1, т. 1.

 

(2) The Chairman shall by order assign the supervision of the proceedings to a member of the Commission. The study shall be carried out by the working team appointed pursuant to Article 39(2).

 

(3) In conducting the inquiry, the working team shall exercise the powers under section 45(1), (2), (4) and (5).

 

(4) On completion of the study, the working team shall submit the analysis to the member of the Commission overseeing the proceedings. The Chairperson shall schedule the review of the analysis in a closed session of the Commission.

 

(5) The Commission shall adopt the sectoral analysis by a decision which may:

 

1. (amend. - SG 2/2018) decide to initiate infringement proceedings under Articles 15, 21 and 24 of this Law and/or Articles 101 and 102 of the Treaty on the Functioning of the European Union;

 

2. inform the competent state authorities, including the executive authorities, as well as the local self-government authorities of the need to take measures to improve the competitive environment in the sector;

 

3. make the analysis available for use by the National Assembly and/or the Council of Ministers in the preparation of strategies, programmes, development plans for the relevant sectors of the economy, etc.

 

(6) The decision of the Commission under par. (6) The decision of the Commission under paragraph (1) and the decision under paragraph (5) shall not be subject to appeal.

 

 

 

Competition advocacy proceedings

 

Art. 92. (1) Competition advocacy proceedings shall be initiated pursuant to Art. 38, par. 1(1), (5) and (8).

 

(2) The Chairman shall by order assign the supervision of the proceedings to a member of the Commission. The investigation shall be carried out by the working team appointed under Article 39(2).

 

(3) In conducting the inquiry, the working party shall exercise the powers under section 45(1), (2), (4) and (5).

 

(4) On completion of the study, the working team shall prepare a report which shall be submitted to the member of the Commission supervising the proceedings. The Chairperson shall schedule the consideration of the report in a closed session of the Commission.

 

(5) The Commission shall adopt by resolution an opinion that:

 

1. assess the conformity of projects or acts in force within the meaning of section 28 with the provisions of this Act;

 

2. proposes to the competent authorities or to associations of undertakings to amend or repeal the relevant act.

 

(6) The decision of the Commission referred to in Article 38, par. (1) (1) as well as the decision under paragraph (5) shall not be subject to appeal.

 

Proceedings to fulfil the Commission's obligations to cooperate under Regulation (EC) No 1/2003 and Regulation (EC) No 139/2004

 

Art. 93. (1) Proceedings to enforce the Commission's obligations to cooperate under Regulation (EC) No 1/2003 and Regulation (EC) No 139/2004 shall be initiated on the basis of Article 38(1) of Regulation (EC) No 1/2003. 1(7) in conjunction with Article 54 upon a request by a national competition authority of a Member State or the European Commission pursuant to Regulation (EC) No 1/2003 or Regulation (EC) No 139/2004.

 

(2) On the basis of a request under par. (1), a report shall be made to the Chairperson of the Commission containing a proposal to take the necessary action to comply with the request for assistance.

 

(3) The Chairman of the Commission shall, by order, rule on the proposal to take the necessary action. Where the Chairman of the Commission directs that assistance be given, the order shall specify the subject matter of the proceedings in accordance with the request under paragraph (2). 1.

 

(4) The Chairman of the Commission shall by order designate the officers who shall exercise the powers under Article 45 of this Act, Article 20(2) of Regulation (EC) No 1/2003 or Article 13(2) of Regulation (EC) No 139/2004, respectively.

 

(5) After the execution of the order under par. (3) a report shall be made to the Chairman of the Commission on the action taken.

 

(6) The Chairperson of the Commission shall submit the report referred to in paragraph (5) in a closed session, at which the Commission shall take a decision to close the assistance proceedings.

 

(7) The decision under paragraph (6) shall not be subject to appeal.

 

 

 

Chapter Twelve.

PROCEEDINGS FOR THE ESTABLISHMENT OF INFRINGEMENTS AND THE IMPOSITION OF PENALTIES UNDER CHAPTERS SEVEN AND SEVEN "A" (AMENDED, SG NO. 56/2015)

 

Chapter Twelve.

PROCEEDINGS FOR ESTABLISHING INFRINGEMENTS AND IMPOSING PENALTIES UNDER CHAPTER SEVEN

 

Initiation, investigation and closure of proceedings

 

Art. 94. (1) (suppl. - SG 56/15) The proceedings for establishing an infringement under Chapter Seven or Seven "a" and imposing a sanction shall be initiated on the basis of Art. 38, par. 1, items 1 and 3.

 

(2) The request under Art. 38 para. 38 (1) (3) shall comply with the requirements of Art. 1.

 

(3) The Chairperson of the Commission shall, by order, institute the proceedings and appoint a member of the Commission to supervise the inquiry. It shall be carried out by the working team appointed pursuant to Article 39(2).

 

(4) In the course of the inquiry, the member of the Commission and the working team shall have the rights referred to in section 45(1), (2) and (4).

 

(5) On completion of the inquiry, the working team shall prepare a report which shall be submitted to the member of the Commission supervising the proceedings. The parties shall be notified in accordance with the Administrative Procedure Code of the opportunity to inspect the materials of the case file under the terms of Article 55.

 

(6) The Chairman of the Commission shall, by resolution, schedule the consideration of the report in an open session of the Commission, at which the parties to the proceedings shall be heard. The Commission may, at its discretion, hear other persons.

 

Burden of proof

 

Art. 95. In the cases referred to in Article 32, it shall be for the advertiser to prove that the advertisement does not contain features which render it prohibited.

 

Time limits

 

Art. 96. (1) The investigation under this Chapter shall be completed within two months of the initiation of the proceedings.

 

(2) In cases presenting factual and legal complexity, the time limit referred to in par. 1 may be extended by 30 days.

 

Interim measures

 

Art. 97. (1) The Commission may, at the request of the parties or on its own initiative, where there is a risk of serious harm to the interests of consumers or competitors, apply an interim measure at any time during the proceedings:

 

1. a prohibition on the dissemination of the advertisement before it has become public, where the advertisement has not yet been disseminated but its dissemination is imminent and unavoidable;

 

2. suspension of the dissemination of the advertisement.

 

(2) (amend. - SG 77/2018, in force from 01.01.2019) The temporary measure under par. 1 shall be applied by an order which shall be immediately enforceable. The provisional measure shall be applied until the decision of the Commission on the merits is adopted. The order may be appealed against in accordance with the procedure laid down in Art. 64, par. 3. The appeal shall not stay the execution of the order unless the court orders otherwise.

 

Decision of the Commission

 

Art. 98. (1) (Supp. - SG 56/95) In connection with proceedings under Chapter Seven or Seven "a", the Commission shall adopt a decision by which:

 

1. establishes the offence committed and the offender and imposes a pecuniary sanction or a fine;

 

2. order the termination of the infringement;

 

3. finds that no infringement of the law has been committed;

 

4. terminates the proceedings under the conditions of Article 41(1), (2) and (4), or where the request is withdrawn.

 

(2) The Commission may, irrespective of the financial penalties for an infringement under Article 32, order the advertiser and/or the advertising agency to publicise, at its own expense and in an appropriate manner, the decision under paragraph (1). (1) (1) or part thereof, as well as the corresponding corrected advertisement.

 

(3) Where proceedings have been initiated on a signal, the person who submitted the signal shall be notified of the decision adopted by the Commission.

 

(4) The decision under par. 1 shall not preclude the bringing of an action before the court under Chapter Thirty-three "Proceedings in class actions" of the Code of Civil Procedure.

 

Title Four.

LIABILITY AND PENALTIES

 

Chapter Thirteen.

LIABILITY

 

Administrative and criminal liability

 

Art. 99. (1) Violation of the provisions of this Act, if the act is not a crime, shall be subject to administrative liability.

 

(2) (amend. - SG 77/2018, in force from 01.01.2019) The property sanctions, periodic sanctions and fines under the Act shall be imposed by a decision of the Commission, which shall be subject to appeal under Art. 64, para. 1.

 

 

 

Chapter fourteen.

SANCTIONS

 

 

 

Financial penalties

 

Art. 100. (1) The Commission shall impose a pecuniary sanction of up to 10 per cent of the total turnover for the preceding financial year on an undertaking or association of undertakings for:

 

1. (amend. - SG 2/2018) an infringement under Article 15 or 21 of this Law or under Articles 101 and 102 of the Treaty on the Functioning of the European Union;

 

2. implementation of a concentration in breach of the obligation under Article 24;

 

3. the implementation of a concentration under conditions and in a manner different from those under which the Commission has taken a decision pursuant to Article 82(1) of the EC Treaty; or 3(2) and (3), Article 85(2)(1) and Article 88(2)(1) of the EC Treaty. 88(1)(1) and (2);

 

4. the implementation of a concentration which has been prohibited by the Commission by a decision under Article 88(1)(b) of Regulation (EC) No 82/ 82. 1, т. 3;

 

5. the implementation of a concentration subject to mandatory prior notification under Article 24 before the Commission has taken a decision under Article 82(1)(a); or 3, Article 85(2)(1) and Article 88(3). 1, unless the situations referred to in Article 82(5), second sentence, and Article 88(2), second sentence, apply;

 

6. infringement under Chapter 7;

 

7. failure to comply with decisions or orders of the Commission.

 

(2) (new - SG 56/15) For violation of the prohibition under Art. 37a, par. 1, the Commission shall impose a pecuniary sanction of up to 10 per cent of the turnover generated by the undertaking from the sale of the product subject to the infringement for the preceding year, but not less than BGN 10 000. Where no turnover has been realised, the Commission shall impose a pecuniary sanction of BGN 10 000 to BGN 50 000.

 

(3) (former paragraph 2 - SG 56/15) The Commission shall impose a pecuniary sanction of up to one per cent of the total turnover for the preceding financial year on an undertaking or association of undertakings for:

 

1. failure to comply with the obligation to cooperate under Art. 46;

 

2. violation of the integrity or destruction of the seals affixed during an on-the-spot check referred to in Article 50;

 

3. failure to provide information in a timely manner or incomplete, inaccurate, unreliable or misleading information in breach of the obligations under Article 47(4) and (5);

 

4. failure to comply with the obligations under Article 67.

 

(4) (former para. 3, amend. - SG 56/95) In the decision imposing a pecuniary sanction under para. (3)(1) and (3) shall specify a time limit within which the party shall comply with its obligation to cooperate or to provide complete, accurate, truthful and non-misleading information.

 

(5) (former para. 4 - SG 56/15) In determining the amount of the pecuniary sanction, the gravity and duration of the violation as well as the mitigating and aggravating circumstances shall be taken into account. The specific amount of the penalty shall be determined by the Commission in accordance with a methodology adopted by it and published on the website and on the Internet.

 

(6) (former paragraph 5 - SG 56/15) The Commission shall impose periodic pecuniary sanctions on an undertaking or an association of undertakings in the amount of up to 5 per cent of the average daily total turnover for the preceding financial year for each day of non-compliance with:

 

1. a decision of the Commission to put an end to the infringements, including by imposing appropriate behavioural and/or structural measures to restore competition pursuant to Art. 77, par. 77(1)(4) or Art. 90;

 

2. an order of the Commission imposing interim measures under Article 56;

 

3. a decision of the Commission approving commitments under Article 75(2) and Article 88(2). 1, т. 2.

 

(7) (former para. 6 - SG 56/15) The Commission shall impose periodic pecuniary sanctions on an undertaking or an association of undertakings in the amount of up to one per cent of the average daily total turnover for the preceding financial year for each day of:

 

1. (amend. - SG 56/06/2015) failure to comply with the obligation to cooperate under Article 46 after the expiry of the period specified in the decision under paragraph 4;

 

2. (amend. - SG 56/15) failure to provide complete, accurate, truthful or non-misleading information as referred to in Article 47(5) after the expiry of the time limit referred to in the decision under paragraph 4;

 

3. refusal to submit to an inspection pursuant to Article 50.

 

(8) (former para. 7, amend. - SG 56/06/2015) The periodic sanctions referred to in para. 6 and 7 shall be imposed for each day until the unlawful act or omission is terminated.

 

Exemption from and reduction of sanctions

 

Art. 101. (1) (amend. - SG 2/2018) The Commission may, at the request of an undertaking referred to in Art. 38, par. 1(4) may exempt it from a pecuniary sanction for an infringement under Article 15 of this Law and/or under Article 101 of the Treaty on the Functioning of the European Union, consisting in participation in a secret cartel, provided that before the other participants in the cartel it provides evidence on the basis of which the Commission may:

 

1. carry out an on-site inspection; it is necessary that at that time the Commission did not have sufficient data and evidence to request a judicial authorisation pursuant to Article 51;

 

2. prove the alleged infringement; it is necessary that at that time the Commission has not granted another undertaking conditional immunity from sanctions before carrying out an on-site inspection or before it has sufficient evidence to request a judicial authorisation under Article 51 and that it does not have sufficient evidence to issue a decision finding an infringement.

 

(2) In addition to the conditions under par. (1), in order to be exempted from a pecuniary sanction, the undertaking must not have acted to coerce other undertakings to participate in the cartel and must have complied with all the conditions set out in the programme referred to in paragraph 5.

 

(3) (amend. - SG 2/2018) The Commission may reduce the pecuniary sanction of an undertaking for an infringement under Article 15 of this Law and/or under Article 101 of the Treaty on the Functioning of the European Union, consisting in participation in a secret cartel, provided that the undertaking voluntarily, until the conclusion of the proceedings, submits evidence which is essential to prove the infringement and complies with all the conditions set out in the programme referred to in paragraph 5.

 

(4) (amended, SG No. 2/2018) The exemption from or reduction of a penalty for an infringement under Article 15 of this Act and/or Article 101 of the Treaty on the Functioning of the European Union shall be granted provided that the undertaking has ceased its participation in the prohibited agreement, unless the Commission has determined that the continuation of such participation is necessary for the investigation.

 

(5) The conditions and modalities for immunity from a sanction or reduction of a sanction shall be laid down in the Immunity or Reduction Programme and the rules for its implementation adopted by a decision of the Commission.

 

Fines

 

Art. 102. (1) Natural persons who have assisted in the commission of offences under the Act, if the act does not constitute a criminal offence, shall be liable to a fine of BGN 500 to BGN 50 000.

 

(2) Individuals who fail to provide the requested evidence or complete, accurate, reliable and non-misleading information referred to in Article 47, paragraph 5, in a timely manner shall be liable to a fine of 500 to 25 000 BGN.

 

(3) The decision imposing the fine referred to in paragraph (2) shall also set a time limit within which the requested evidence and information shall be provided. If the time limit is not complied with, a periodic fine of BGN 500 per day, but not more than BGN 20 000, may be imposed on the person.

 

(4) (amended, SG No. 56/2015) In determining the amount of the fine, the gravity and duration of the violation, the capacity in which the person acted, as well as the mitigating and aggravating circumstances shall be taken into account. The specific amount of the fine shall be determined by the Commission in accordance with the methodology referred to in Article 100(5).

 

Implementation

 

Art. 103. Property penalties and fines imposed on the basis of decisions of the Commission which have entered into force shall be collected in accordance with the procedure laid down in the Tax and Social Security Procedural Code.

 

Actions for compensation

 

Art. 104. (amend. - SG 2/2018)

 

Chapter fifteen.

LIABILITY FOR TORT (NEW - SG NO. 2/2018)

 

Chapter fifteen.

 

Section I.

General rules (New - SG 2/2018)

 

Actions for compensation

 

Art. 105. (New, SG No. 2/2018) (1) For damages caused as a result of offences under this Act, the guilty person shall be liable to compensation.

 

(2) All natural and legal persons to whom damage has been caused shall be entitled to compensation in full, even if the infringement was not directly directed against them.

 

(3) Actions for compensation shall be brought in accordance with the Code of Civil Procedure.

 

(4) A final decision of the Supreme Administrative Court which confirms a decision of the Commission establishing an offence under the Act shall be binding on the civil court as to the fact of the offence and the offender. A decision of the Commission which has not been appealed against or against which the appeal has been withdrawn shall also have binding effect on the civil court as to the fact of the infringement and the offender.

 

 

Compensation in full

Art. 106. (New, SG No. 2/2018) (1) Compensation in full shall place the injured party in the position it would have been in if the infringement of competition law had not been committed.

(2) The full compensation shall cover the right to compensation for the loss suffered and for the loss of profit together with statutory interest due.

(3) Full compensation may not be excessive in relation to the damage suffered.

Section II.
Liability for tort following an infringement under Chapters Three and Four and under Articles 101 and 102 of the Treaty on the Functioning of the European Union (new - SG 2/2018)

Transfer of mark-ups

Art. 107. (New, SG 2/2018) (1) Any person who has suffered damage, whether he is a direct or indirect purchaser, shall be entitled to compensation.

(2) Compensation may also be claimed where the infringement of competition law relates to a supply to the undertaking which committed the infringement.

(3) Compensation for losses suffered at any level of the supply chain may not exceed the mark-up at that level.

(4) The aggrieved person shall be entitled to compensation for loss of profits, including in the case of full or partial pass-through of the mark-up along the supply chain.

(5) The court shall determine the amount of the mark-up that has been transferred to another level of the supply chain.

Objection to passed-on mark-up

Art. 108. (New, SG No. 2/2018) A defendant in an action for damages may object that the plaintiff has transferred all or part of the mark-up up the supply chain. The defendant must prove the facts on which he bases his objection

Indirect purchasers

Art. 109. (New, SG No. 2/2018) (1) In assessing the merits of a claim for damages and in determining the amount of damages, the court shall take into account whether and to what extent the overcharge has been passed on to the claimant. The existence and amount of such transfer shall be proved by the plaintiff.

(2) Until the contrary is proved, a transfer of a mark-up shall be presumed to have occurred where the indirect purchaser has proved that:

1. the defendant has committed an infringement of competition law;

2. the infringement of competition law has resulted in an overcharge to the direct purchaser, and

3. the indirect purchaser purchased the infringing goods or services or purchased goods or services obtained from or containing such goods and services.

Claims for damages by claimants at different levels of the supply chain

Art. 110. (New, SG No. 2/2018) (1) In assessing the liability of the infringer in actions for damages brought by claimants from different levels of the supply chain, the following circumstances shall be relevant:

1. the existence of claims for damages that relate to the same infringement but are brought by claimants from different levels of the supply chain;

2. the judgments in the damages actions referred to in point 1;

3. publicly available information on the application of competition law by the competent authorities.

(2) Paragraph (1) shall be without prejudice to the powers of national courts under Article 30 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351/1 of 20 December 2012).

Duration

Art. 111. (New, SG No. 2/2018) (1) The limitation period shall begin to run on the day of the cessation of the infringement, provided that the claimant knows or may be presumed to know of:

1. the conduct which constitutes an infringement of competition law;

2. the damage caused to him, and

3. the infringer.

(2) The limitation period shall be interrupted by the initiation of proceedings to establish an infringement by a competition authority. During the proceedings before the Commission, the limitation period shall not run, and a new limitation period shall begin to run after the expiration of one year from the entry into force of the decision finding an infringement or from the conclusion of the proceedings before the authority.

(3) In an action for damages against a person exempt from a penalty, the period of limitation shall begin to run from the time when it is established that full compensation cannot be obtained from the remaining violators who are jointly and severally liable for the damages.

(4) In the case of an out-of-court settlement of a dispute concerning a claim for damages, the limitation period shall not run while the settlement lasts, and only in respect of the parties involved.

Out-of-court settlement of a dispute concerning a claim for damages

Art. 112. (New, SG No. 2/2018) (1) The court seised with a claim for damages may stay for a period of up to two years the proceedings instituted before it where the parties are involved in an out-of-court settlement of the dispute which is the subject of the proceedings.

(2) Where an out-of-court settlement has been reached, the claim of the injured party concerned in respect of the damage caused to him by the infringement shall be reduced by the share of the co-perpetrator of the infringement who has agreed with him. The remainder of the injured party's claim may only be brought against non-participating co-perpetrators.

(3) Where non-participating co-perpetrators are unable to pay compensation for the damage corresponding to the remaining part of the claim of the injured party who participated in the settlement, the latter may bring the remaining part of his claim against the co-perpetrator who participated in the settlement. The application of this provision may be expressly excluded by the parties in settlement.

Determination of damages

Art. 113. (New, SG No. 2/2018) (1) At the request of the court, the Commission shall, within the limits of its competence, assist it in determining the amount of damages where this is necessary to protect the interests of the injured party.

(2) Until the contrary is proved, it shall be presumed that the cartel causes damage.

(3) If it is established that the plaintiff has suffered damage, the court shall award compensation in accordance with Article 162 of the Code of Civil Procedure, even if, on the basis of the available evidence, it is impossible to determine with precision the amount of the damage caused.

Effect of decisions of competition authorities or courts of the Member States of the European Union

Art. 114. (New, SG 2/2018) (1) A decision of a competition authority or a court of another Member State of the European Union which has entered into force and which establishes an infringement of competition law may be submitted as evidence in proceedings for damages. Until the contrary is proved, the court must accept as established the fact of the infringement and the infringer.

(2) Article 16 of Regulation (EC) No 1/2003 shall apply to the effect of decisions of the European Commission.

Joint and several liability

Art. 115. (New, SG 2/2018) (1) Where an infringement of competition law is committed by two or more undertakings or associations of undertakings, they shall be jointly and severally liable for the damage caused by the infringement.

(2) Without prejudice to the right to compensation in full, where a joint offender is a small or medium-sized enterprise within the meaning of the Small and Medium-sized Enterprises Act, it shall be liable only to its direct and indirect purchasers or suppliers where:

1. its market share of the relevant market was less than 5 % throughout the period of the infringement, and

2. the application of the rules on joint and several liability would irreparably jeopardise its economic viability and cause its assets to lose all their value.

(3) The exception in paragraph (2) shall not apply where:

1. the small or medium-sized enterprise has played a leading role in the commission of the infringement or has induced other enterprises to participate in it, or

2. it is established that the small or medium-sized undertaking has already committed an infringement of competition law.

(4) A person exempted from a penalty shall be jointly and severally liable as follows:

1. to its direct and indirect purchasers or suppliers, and

2. to other injured persons only where full compensation cannot be obtained from the other undertakings which have participated in the same infringement.

Recourse action

Art. 116. (New, SG 2/2018) (1) A co-perpetrator who has performed more than his share shall have the right of recourse against each of the other co-perpetrators for the difference in accordance with their relative responsibility for the damage caused by the infringement of competition law. The amount payable by a co-perpetrator who is an exempted person may not exceed the amount of the damage he has caused to his direct or indirect purchasers or suppliers.

(2) In the case of damage caused to persons other than the direct or indirect purchasers or suppliers of the offenders, the amount payable to the other joint offenders by an exempt person shall be determined in accordance with his relative responsibility for that damage.

(3) A co-perpetrator of an infringement of competition law who has not participated in an out-of-court settlement of a dispute for damages caused by the infringement shall not be entitled to recourse against a co-perpetrator who participated in the settlement.

(4) In determining the amount which a court may award to a joint tortfeasor who has participated in an out-of-court settlement of a dispute in his or her recourse action against another joint tortfeasor, both the relative liability of the tortfeasors for the damages caused by the tort and the amount of any damages paid in the out-of-court settlement shall be taken into account.

Submission of evidence

Art. 117. (New, SG No. 2/2018) (1) Upon a reasoned request of the claimant based on reasonably available facts and evidence, the court may order the defendant or a third party to produce the evidence relevant to the case which is within their control. The defendant also has the right to request the production of evidence relevant to the case. This paragraph shall be without prejudice to the powers of the court under Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (OJ 2001 L 174, p. 1).

(2) The court shall order the production of evidence which is specified as precisely and specifically as possible in the request for evidence.

(3) The court shall assess the proportionality of the evidentiary request, taking into account the legitimate interests of all parties and third parties concerned, taking into account:

(1) the extent to which the plaintiff's claim or the defendant's defense is supported by the facts and evidence supporting the request for the production of evidence;

2. the scope and cost of the production of evidence, particularly to third parties, and shall not permit unspecified requests for the production of evidence that is not relevant to the parties;

3. whether the evidence sought to be adduced contains confidential information, in particular that relating to third parties, and the existing regime for the protection of that confidential information.

(4) The court shall order the production of evidence containing confidential information where it considers that it is relevant to the claim for damages. The court shall take effective measures to protect evidence containing manufacturing, trade or other secrets protected by law.

(5) The court shall apply the applicable law of the European Union and the national law of the Republic of Bulgaria for the protection of professional secrecy.

(6) Before ordering the production of evidence, the court may give the persons required to produce it an opportunity to be heard.

(7) It shall be inadmissible to refuse to give evidence on the ground that it may be used against the person from whom it is requested in actions for damages for breach of competition law.

Submission of evidence collected in a competition authority's file

Art. 118. (new - SG 2/2018) (1) When ordering the production of evidence collected in a case file of a competition protection authority, the court shall assess the proportionality of the evidentiary request in accordance with Art. (3), taking into account also the following circumstances:

 

1. whether the request is formulated specifically in view of the nature, subject-matter and content of the documents, or whether it is formulated as a general request;

 

2. whether the party requesting their production has done so in connection with an action for damages before a national court, and

 

3. the need to ensure the effectiveness of the enforcement of competition law by the public authorities in accordance with paragraphs 2 and 4 or at the request of a competition authority in accordance with paragraph 2. 9.

 

(2) The court shall order the competition authority to produce evidence contained in its file where a party or third party is unable to produce that evidence.

 

(3) No evidence shall be admitted which constitutes internal documents of the competition authority, including its correspondence with other competition authorities.

 

(4) The court may order the production of the following evidence only after the competition authority has concluded the proceedings before it by decision or otherwise:

 

1. information which has been prepared by a natural or legal person specifically for proceedings before a competition authority;

 

2. information which has been prepared by a competition authority and has been sent to the parties in the course of proceedings before it;

 

3. settlement submissions that have been withdrawn.

 

(5) The following evidence shall not be admissible:

 

1. a request for immunity or reduction of sanctions, and

 

2. a settlement request.

 

(6) At the request of the plaintiff, the court may examine whether the content of the evidence referred to in paragraph (5) complies with the determinations referred to in subsections (1)(34) and (36) of the Additional Provisions. No other parties or third parties shall be granted access to such evidence. In carrying out its examination, the court may request assistance only from the competent competition authority. Applicants to the requests referred to in paragraph 5 shall have the right to be heard by the court.

 

(7) Where paragraph (5) applies only to parts of the evidence sought, the court shall assess the remainder of the evidence in accordance with paragraph (6). 1 - 6.

 

(8) A competition authority may, at its discretion, submit written objections to the proportionality of a request for the production of evidence before the court.

 

 

 

Restrictions on the use of evidence obtained solely through access to the file of a competition authority

 

Art. 119. (New, SG 2/2018) (1) The evidence listed in Article 118(5) which has been obtained by a natural or legal person solely through the exercise of his right of access to the file of a competition authority shall be inadmissible in actions for damages.

 

(2) Evidence listed in Article 118(4) which is obtained by a natural or legal person solely through the exercise of his right of access to the file of a competition authority shall be inadmissible in an action for damages before the competition authority has concluded its proceedings by way of a decision or otherwise.

 

(3) Evidence which has been obtained by a natural or legal person solely through the exercise of his right of access to the file of a competition authority and which does not fall within the scope of par. (1) or (2) may be used only in an action for damages brought by that person or by a natural or legal person who has intervened in his rights, including a person who has acquired his right of action.

 

Property sanctions and fines

 

Art. 120. (New, SG No. 2/2018) (1) Natural persons who are parties, third parties or their representatives shall be punished by the court with a fine in the amount of BGN 500 to BGN 50 000 in case of:

 

1. failure to comply with an order of the court to produce evidence;

 

2. destruction of evidence relevant to the case;

 

3. failure to comply with the obligations imposed by a court order to protect confidential information;

 

4. violation of the restrictions on the use of evidence provided for in Articles 118 and 119.

 

(2) The legal persons who are parties, third parties or their representatives shall be punished by the court with a pecuniary sanction in the amount of BGN 5,000 to BGN 500,000 in case of:

 

1. failure to comply with an order of the court to produce evidence;

 

2. destruction of evidence relevant to the case;

 

3. failure to comply with the obligations imposed by a court order to protect confidential information;

 

4. violation of the restrictions on the use of evidence provided for in Articles 118 and 119.

 

(3) The court may also accept as proved the facts concerning which the party has created obstacles to the taking of evidence, and award the costs of the case to the defaulting party.

 

Additional provisions

 

 

 

§ 1. For the purposes of this Act:

 

1. "Internal documents" shall mean: the documents created by the Commission and/or the administration in the course of proceedings under this Law (drafts, opinions, reports of working teams, report notes, etc.); the documents constituting correspondence of the Commission with the European Commission, with the competition authorities of the Member States of the European Union; other documents of the Commission and/or the administration related to its operational activities.

 

2. "Fair commercial practice" means the rules governing market conduct which are derived from the law and customary commercial relations and do not violate good morals.

 

3. "Electronic evidence" means the evidence gathered by an undertaking or association of undertakings in the course of an electronic inspection by copying electronic documents and electronic statements.

 

4. "Interested person" means a person, undertaking or association of undertakings whose interests may be affected by a contravention of the Act.

 

5. (amend. - SG 2/2018) 'Cartel' means an agreement and/or concerted practice between two or more undertakings for the purpose of coordinating their competitive behaviour on the relevant market or influencing the relevant parameters of competition by means of practices such as fixing or coordinating purchase or selling prices or other trading conditions, including with regard to intellectual property rights, setting quotas for production or sales, sharing markets and customers, including the manipulation of public auctions or the

 

6. "Periodic penalty" means a monetary penalty, defined as a specific amount, imposed on a daily basis on a firm to compel the firm to cease and desist from violating the law or to comply with a specific action ordered by the Commission pursuant to its authority under this Act.

 

7. "Enterprise" means any natural person, corporation, or unincorporated entity engaged in business, regardless of its legal or organizational form.

 

8. "Continuing offence" means an offence in which two or more acts, acts or omissions, take place over non-continuous periods of time in the same factual situation where the subsequent acts are a continuation of the preceding acts.

 

9. "Industrial or commercial secret" means facts, information, decisions and data relating to a business activity, the secrecy of which is in the interest of those entitled to it and for which they have taken the necessary measures.

 

10. A "professional secret" is:

 

(a) any information which the Commission creates or acquires for the purpose of or in connection with the inquiry under this Act and the disclosure of which may jeopardize the business interest or the prestige of the parties to the proceedings or of a third person; professional secrecy shall not constitute an official secret within the meaning of the Classified Information Protection Act;

 

(b) information exchanged between the Commission, the national competition authorities of the Member States of the European Union and the European Commission in connection with the exercise of their powers and cooperation between them.

 

Information which is publicly available or subject to public disclosure under this or any other law shall not be a 'professional secret'.

 

 

11. "Advertisement" means any communication in connection with a trade, craft or profession which is intended to promote the sale of goods or services, including real estate, rights and obligations.

 

12. 'Association of undertakings' means an association on a professional basis and other forms of association of independent undertakings which does not carry on a separate independent business and does not distribute profits accordingly.

 

13. 'Business' means the activity of undertakings the results of which are intended for exchange on the market.

 

14. "Coordinated practice' means coordinated acts or omissions of two or more undertakings.

 

15. 'Relevant market' consists of:

 

(a) a 'product market', which includes all goods or services that can be regarded as interchangeable in terms of their characteristics, intended use and prices;

 

(b) a 'geographic market' comprising a defined territory in which the relevant interchangeable goods or services are offered and in which competitive conditions are the same and different from those in neighbouring areas.

 

16. (amend. - SG 2/2018) "Serious infringement" shall mean an infringement under Articles 15 and 21 of this Law and/or under Articles 101 and 102 of the Treaty on the Functioning of the European Union which has or could have a significant and lasting impact over time on the competitive environment of a substantial part of the national market.

 

17. "Forensic evidence" means evidence gathered in an on-site inspection by means of a special technique (forensic laboratory) for the recovery, authentication and analysis of digital information, representing an exact copy (forensic image) of the specific medium of that information.

 

18. "Digital evidence" is information of evidentiary value that is stored or transmitted in digital format.

 

19. (new - SG 2/2018) "Competition law infringement" means an infringement of Article 101 or 102 of the Treaty on the Functioning of the European Union or of Article 15 or 21 of this Act.

 

20. (new - SG 2/2018) "Infringer" means the undertaking or association of undertakings which has committed an infringement of competition law.

 

21. (new, SG No 2/2018) 'National competition law' means the provisions of national law which, in principle, govern the same public relations as those referred to in Articles 101 and 102 of the Treaty on the Functioning of the European Union and which apply in the same case, in parallel with Union competition law, pursuant to Article 3(1) of Regulation (EC) No 1/2003, excluding provisions of national law which provide for a fine for natural persons, except in so far as fines are a punitive measure by which the enforcement of a right

 

22. (new, SG No 2/2018) A 'co-perpetrator' is a participant in a competition law infringement committed by more than one infringer.

 

23. (new - SG 2/2018) "Claim for damages" means a claim for damages brought before a court by a person who claims to be injured or who acts on behalf of one or more persons who claim to be injured or by a natural or legal person who is a successor in title to a person who claims to be injured, including the person who has acquired the right of action.

 

24. (new - SG 2/2018) "Claim for damages" means a claim for compensation for damages caused by an infringement of competition law.

 

25. (new, SG No 2/2018) "Injured party" means a natural or legal person who has suffered damage as a result of an infringement of competition law.

 

26. (new, SG No 2/2018) 'National competition authority' means an authority designated by a Member State pursuant to Article 35 of Regulation (EC) No 1/2003 as responsible for the enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union.

 

27. (new - SG 2/2018) "Competition Authority" means the European Commission or an authority designated by a Member State pursuant to Article 35 of Regulation (EC) No 1/2003 as responsible for the enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union in its territory, or both, depending on the context.

 

28. (new, SG No 2/2018) "National court" means a court or tribunal of a Member State within the meaning of Article 267 of the Treaty on the Functioning of the European Union.

 

29. (new, SG No 2/2018) "Court of judicial review" means a national court which, under the general appeal procedure, has the power to exercise judicial review over the acts of a national competition authority or over judicial acts rendered under the acts of a national competition authority, irrespective of whether that court has the power to establish infringements of competition law.

 

 

30. (new - SG 2/2018) "Decision establishing an infringement" shall mean a decision of a competition authority or of a court exercising judicial review establishing an infringement of competition law.

 

31. (new - SG 2/2018) "Final infringement decision" means an infringement decision which is not subject to appeal or can no longer be appealed against under the general procedure.

 

32. (new - SG 2/2018) "Evidence" means all types of evidence, irrespective of their source, admissible before the national court seised, in particular documents and any other thing containing information, irrespective of the medium on which it is stored.

 

33. (new, SG No 2/2018) 'Leniency programme' means a programme relating to the application of Article 101 of the Treaty on the Functioning of the European Union or Article 15 on the basis of which a participant in a cartel, independently of the other undertakings participating in the cartel, cooperates in an investigation conducted by a competition authority by voluntarily providing the data in its possession concerning the cartel and the role of the participant in it, in return for which, by way of a decision or by way of termination of the proceedings, the participant

 

34. (new - SG 2/2018) "leniency application" means an oral or written voluntary statement made to a competition authority by or on behalf of an undertaking or a natural person, describing the information known to them concerning a cartel and the undertaking's or natural person's role in it, and the statement is made for the purpose of participating in a leniency programme and does not include information that already exists.

 

35. (new - SG 2/2018) "Pre-existing information" means data that exists independently of proceedings before a competition authority, regardless of whether such information is contained in the competition authority's file.

 

36. (new, SG No 2/2018) "Settlement request" means a voluntary statement made by or on behalf of an undertaking to a competition authority which contains the undertaking's acknowledgement or waiver of its participation in an infringement of competition law and its responsibility for that infringement of competition law, and which is made for the purpose of a simplified or expedited procedure.

 

37. (new - SG 2/2018) "Exempted person" means an undertaking or natural person that has been exempted from a sanction by a competition authority under an exemption or reduction programme.

 

38. (new - SG 2/2018) "Mark-up" means the difference between the price actually paid and the price that would have been charged in the absence of the competition law infringement.

 

39. (new, SG No 2/2018) "Out-of-court settlement" means any method which enables the parties to resolve a dispute concerning a claim for damages out of court.

 

40. (new - SG 2/2018) "Voluntary settlement" means an agreement reached by resolving a dispute amicably.

 

41. (new - SG 2/2018) "Direct purchaser" means a natural or legal person who has acquired directly from the infringer products or services which are the subject of an infringement of competition law.

 

42. (new - SG 2/2018) "Indirect purchaser" means a natural or legal person who has acquired indirectly from the infringer, and from a direct purchaser or a subsequent purchaser, products or services which are the subject of an infringement of competition law, or products or services containing or derived from such products or services.

 

43. (new - SG 2/2018) A "supply chain" exists where goods or services are transferred successively at different levels of trade, in their original or processed form, until the final product is marketed.

 

§ 2. (Supplemented, SG No 2/2018) This Act implements the provisions of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 on misleading and comparative advertising and Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules on the settlement of claims for damages under national law for breaches of the competition law of the Member States and of the European Union (OJ L 349/1 of 5 December 2014).

 

 

 

 

 

§ 3. Where a position in the administration of the Commission is held by an employee with a higher legal education, his/her length of service shall be recognised as length of legal service within the meaning of the Judiciary Act and the Advocates Act.

 

 

 

Transitional and final provisions

 

 

 

§ 4. The Law on Protection of Competition (Journal of Laws, No. 52 of 1998; Constitutional Court Decision No. 22 of 1998 - No. 112 of 1998; amended, No. 81 of 1999, No. 28 of 2002, no. 9 and 107 of 2003, No. 105 of 2005, No. 37, 59 and 86 of 2006 and No. 64 of 2007) shall be repealed.

 

 

 

 

 

§ 5. (1) In order to observe the principle of continuity in the work of the Commission when holding the first election of members of the Commission for Protection of Competition under Art. 1, three of the four members of the Commission shall be elected for a term of three years.

 

(2) The members of the Commission for the Protection of Competition, including the Chairman and the Vice-Chairmen, as of the date of entry into force of the Act shall continue to perform their functions until the newly elected members of the Commission take office.

 

 

 

 

 

§ 6. (1) The proceedings pending before the Commission for the Protection of Competition at the time of the entry into force of the Act shall be closed in accordance with the previous procedure.

 

(2) Applications received under the repealed Law on Protection of Competition, in respect of which proceedings have not been initiated before the Commission, shall be dealt with in accordance with the procedure of this Law.

 

 

 

 

 

§ 7. (1) Proceedings pending before the Consumer Protection Commission at the time of the entry into force of the Act shall be closed in the manner provided for in the Consumer Protection Act.

 

(2) Allegations, complaints and applications received by the Consumer Protection Commission in connection with infringements under Chapter Three "Misleading and Comparative Advertising" of the Consumer Protection Act, for which proceedings have not been initiated, shall be dealt with in accordance with the procedure laid down in this Act.

 

 

 

 

 

§ 8. Pending cases shall be closed in accordance with the procedure in force at the time of their initiation.

 

 

 

 

 

§ 9. 94 and 98 of 2008) Article 122c shall be amended as follows:

 

1. In par. 1. the word "five" shall be replaced by "four".

 

2. Paragraphs 2 and 3 are amended as follows:

 

"(2) The Commission for Protection of Competition shall issue decisions and rulings by open vote and by a majority of 4 votes. If fewer than 7 members are present at the meeting, the decision shall be adopted only if at least 4 members of the Commission have voted in favour of it.

 

(3) A member of the Commission may not participate in the proceedings of an inquiry under this Act where he is interested in the outcome thereof or where there are reasonable doubts as to his impartiality. A member of the Commission shall be removed of his own motion or at the request of the parties.".

 

3. Paragraph 5 shall be repealed.

 

§ 10. In the Concessions Act (promulgated, State Gazette, issue 36 of 2006; amend., issues 53, 65 and 105 of 2006, issues 41, 59 and 109 of 2007 and issues 50 and 67 of 2008) the following amendments shall be made to Article 90:

 

1. In par. 1. the word "five" shall be replaced by "four".

 

2. Paragraphs 2 and 3 are amended as follows:

 

"(2) The Commission for Protection of Competition shall issue decisions and rulings by open vote and by a majority of 4 votes. If fewer than 7 members are present at the meeting, the decision shall be adopted only if at least 4 members of the Commission have voted in favour of it.

 

(3) A member of the Commission may not participate in the proceedings of an inquiry under this Act where he is interested in the outcome thereof or where there are reasonable doubts as to his impartiality. A member of the Commission shall be removed of his own motion or at the request of the parties.".

 

3. Paragraph 5 shall be repealed.

 

 

 

 

 

§ 11. In the Consumer Protection Act (promulgated in Journal of Laws, No. 99 of 2005; amend., issues 30, 51, 53, 59, 105 and 108 of 2006, issues 31, 41, 59 and 64 of 2007 and issue 36 of 2008) the following amendments and additions shall be made:

 

1. In Article 1(2)(3), the words 'misleading and unauthorised comparative advertising' shall be deleted.

 

2. Chapter 3 'Misleading and comparative advertising', with Articles 32 to 42, is repealed.

 

3. In Article 68d(4), the words "Article 68f" shall be replaced by "Article 68e".

 

4. In Article 68e(2)(6), the words "the uniform civil number" shall be replaced by "the identity document number".

 

5. In Article 68f(4)(2), the words "the uniform civil number" shall be replaced by "the number of the identity document".

 

6. In Chapter Four, Section IV "Unfair commercial practices", Article 68l is inserted:

 

"Art. 68l. (1) Where the Consumer Protection Commission finds that a commercial practice is unfair, the Chairman of the Commission shall issue an order prohibiting the application of the commercial practice.

 

(2) The Chairman of the Consumer Protection Commission may, within a short period determined by him, oblige the trader to prove that the trade practice is not unfair.

 

(3) In the cases referred to in Article 68d (4) and where the unfair practice arises from activities related to advertising, notwithstanding a pecuniary sanction, the Chairman of the Consumer Protection Commission may order the advertiser and/or the advertising agency to make public, at its own expense and in an appropriate manner, the act by which the infringement has been established as well as the corresponding corrected advertisement.

 

(4) The Chairman of the Consumer Protection Commission shall take the measures referred to in par. 1 - 3 ex officio or upon request of a consumer."

 

7. In Article 152, paragraph 2, item 2, the words "the uniform civil number" shall be replaced by "the number of the identity document".

 

8. In Article 165, par. In Article 165(3)(2), the words "misleading and unauthorised comparative advertising and on" shall be deleted.

 

9. In Article 186:

 

(a) in paragraph 2:

 

(aa) in paragraph 1, the words "Chapter Three, Section II "Misleading advertising"" shall be deleted;

 

(bb) in point 9, points (a) and (f) shall be deleted;

 

(b) in par. (b) in paragraph 3, the words 'with the exception of actions under Chapter Three, Section II 'Misleading advertising'' shall be deleted.

 

10. Articles 202 and 203 are repealed.

 

11. In Article 210a, after the words "For an infringement of" insert "Article 68c" and the words "par. 1 and 2' shall be deleted.

 

12. Article 210c is inserted:

 

"Art. 210c. Whoever fails to comply with an order under Article 68l, para. 1 or an order under Art. 68l, par. 3 shall be punished by a fine, and sole traders and legal entities shall be subject to a pecuniary sanction of BGN 1 000 to BGN 10 000."

 

13. In § 13a of the Additional Provisions, item 2 is repealed.

 

 

 

 

 

§ 12. Within three months after the entry into force of the Act, the Commission shall adopt the structural regulations referred to in Art. 1 and, within six months, the acts provided for in the Act.

 

§ 13. The Commission for Protection of Competition shall be entrusted with the implementation of the Act.

 

-------------------------

 

The Act was adopted by the 40th National Assembly on 14 November 2008 and is sealed with the official seal of the National Assembly.

 

 

 

Transitional and Final Provisions

TO THE ACT AMENDING THE ACT ON PROTECTION OF COMPETITION

 

 

 

(JOURNAL OF LAWS OF 2010, NO 54)

 

 

 

§ 5. (1) Within one month from the entry into force of this Act, the National Assembly shall elect the members of the Commission for Protection of Competition.

 

(2) Until the new members of the Commission for Protection of Competition take office, the existing members shall continue to exercise their powers.

 

 

 

§ 6. Within two months from the entry into force of this Law, the Commission for Protection of Competition shall adopt amendments and supplements to the Rules of Procedure of the Commission for Protection of Competition.

 

 

 

Transitional and Final Provisions

TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON PREVENTION AND DISCLOSURE OF CONFLICT OF INTEREST

 

 

 

(JOURNAL OF LAWS OF 2010, NO. 97, IN FORCE AS OF 10.12.2010)

 

 

 

§ 61. The Law shall enter into force on the day of its promulgation in the State Gazette, except for:

 

1. paragraph 11 concerning Articles 22a to 22e, which shall enter into force on 1 January 2011;

 

2. paragraphs 7, 8, 9, § 11 concerning Articles 22f to 22i and §§ 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23, which shall enter into force on 1 April 2011.

 

 

 

Transitional and final provisions

TO THE ACT AMENDING THE ACT ON PROTECTION OF COMPETITION

 

 

 

(PROMULGATED IN JOURNAL OF LAWS NO 73 OF 2011, IN FORCE FROM 20.09.2011)

 

 

 

§ 3. (1) Within one month from the entry into force of this Act, the National Assembly shall elect the two new members of the Commission for Protection of Competition.

 

(2) The new members of the Commission for Protection of Competition referred to in par. (1) shall be elected by the National Assembly for the term until the end of the term of office of the current members.

 

 

 

§ 4. Within two months from the entry into force of this Law, the Commission for Protection of Competition shall adopt amendments and supplements to the Rules of Procedure of the Commission for Protection of Competition.

 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

§ 7. The Act shall enter into force on the day of its promulgation in the Official Gazette, with the exception of Sections 2, 5 and 6, which shall enter into force within one month of the promulgation of the Act in the Official Gazette.

 

 

 

Transitional and Final Provisions

TO THE ACT AMENDING AND SUPPLEMENTING THE CIVIL SERVANTS ACT

 

 

 

(PROMULGATED IN JOURNAL OF LAWS NO 38 OF 2012, IN FORCE AS FROM 01.07.2012)

 

 

 

§ 84. (In force from 18.05.2012) Within one month from the promulgation of this Act in the Official Gazette:

 

1. The Council of Ministers shall bring the Classification of Positions in the Administration into compliance with this Law;

 

2. the competent authorities shall bring the regulations of the respective administration into conformity with this Law.

 

 

 

§ 85. (1) The legal relations with the persons of the administrations under the Law on Radio and Television, the Law on Independent Financial Audit, the Law on Electronic Communications, the Law on the Financial Supervision Commission, the Law on Access and Disclosure of Documents and on Declaring the Belonging of Bulgarian Citizens to the State Security and Intelligence Services of the Bulgarian People's Army, the Law on Forfeiture to the State of Property Acquired from Criminal Activity, the Law on Prevention and Establishment of Conflict of Interest, the Social Insurance Code, the Law on the

 

(2) The act of appointment of the civil servant shall:

 

1. the minimum rank for the position, as defined in the Classification of Positions in the Administration, shall be awarded, unless the civil servant holds a higher rank;

 

2. an individual basic monthly salary.

 

(3) The additional funds necessary for the social security contributions of the persons referred to in paragraph (2) shall be provided within the limits of the expenditure on salaries, wages and social security contributions in the budgets of the respective authorising officers.

 

(4) The Council of Ministers shall make the necessary changes to the extra-budgetary account of the State Fund for Agriculture resulting from this Act.

 

(5) The management bodies of the National Insurance Institute and the National Health Insurance Fund to make the necessary changes to the respective budgets resulting from this Act.

 

(6) Untaken leave under the employment relationship shall be retained and shall not be compensated with cash benefits.

 

 

 

§ 86. (1) Within one month of the entry into force of this Act, the individual basic monthly salary of the employee shall be determined in such a way that the same, reduced by the tax due and the compulsory contributions on account of the insured person, if any, shall not be lower than the gross monthly salary received up to that time, reduced by the compulsory contributions on account of the insured person, if any, and the tax due.

 

(2) The gross salary referred to in par. 1 shall include:

 

1. the basic monthly salary or the basic monthly remuneration;

 

2. supplementary remuneration which is paid on a permanent basis together with the basic monthly salary or basic monthly remuneration due and is dependent solely on the time worked.

 

 

 

§ 87. The Act shall enter into force on 1 July 2012, with the exception of § 84, which shall enter into force on the day of its promulgation in the Official Gazette.

 

 

 

Transitional and final provisions

TO THE PUBLIC FINANCE ACT

 

 

 

(JOURNAL OF LAWS OF 2013, NO. 15, IN FORCE AS OF 01.01.2014)

 

 

 

§ 123. The Act shall enter into force on 1 January 2014, with the exception of § 115, which shall enter into force on 1 January 2013, and § 18, § 114, § 120, § 121 and § 122, which shall enter into force on 1 February 2013.

 

 

 

Transitional and Final Provisions

TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON PROTECTION OF COMPETITION

 

Transitional and Final Provisions

 

 

 

(JOURNAL OF LAWS OF 2015 NO 56)

 

 

 

§ 9. Within three months from the entry into force of this Act, the Commission for Protection of Competition shall bring into compliance with it the Rules of Procedure of the Commission for Protection of Competition and other acts provided for in the Act.

 

 

Additional provisions

TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON PROTECTION OF COMPETITION

 

 

 

(PROMULGATED IN JOURNAL OF LAWS NO 2 OF 2018)

 

 

 

§ 4. Throughout the Act, the words "Articles 81 and 82 of the Treaty establishing the European Community" shall be replaced by "Articles 101 and 102 of the Treaty on the Functioning of the European Union", the words "Article 81 of the Treaty establishing the European Community" shall be replaced by "Article 101 of the Treaty on the Functioning of the European Union", the words "Article 81, para. 1 of the Treaty establishing the European Community' shall be replaced by 'Article 101(1) of the Treaty establishing the European Community'. 1 of the Treaty on the Functioning of the European Union' and the words 'Article 81(1) of the Treaty on the Functioning of the European Union 3 of the Treaty establishing the European Community' shall be replaced by 'Article 101(3) of the Treaty establishing the European Community'. 3 of the Treaty on the Functioning of the European Union'.

 

Transitional provisions

TO THE ACT AMENDING AND SUPPLEMENTING THE ACT ON PROTECTION OF COMPETITION

 

 

 

(OFFICIAL JOURNAL OF THE EUROPEAN UNION NO 2 OF 2018)

 

 

 

§ 5. Proceedings pending before 26 December 2014 in actions for damages before national courts shall be completed in the order in which they were instituted.

 

Transitional and final provisions

TO THE ACT AMENDING AND SUPPLEMENTING THE ADMINISTRATIVE PROCEDURE CODE

 

Transitional and final provisions

 

 

 

(JOURNAL OF LAWS NO 77 OF 2018, IN FORCE AS FROM 01.01.2019)

 

 

 

§ 156. The Act shall enter into force on 1 January 2019, except for:

 

1. paragraphs 4, 11, 14, 16, 20, 30, 31, 74 and § 105, item 1 concerning the first sentence and item 2, which shall enter into force on 10 October 2019;

 

2. paragraphs 38 and 77, which shall enter into force two months after the promulgation of this Act in the Official Gazette;

 

3. paragraph 79(1), (2), (3), (5), (6) and (7), sections 150 and 153, which shall enter into force on the day of the promulgation of this Act in the Official Gazette.

 

 

 

Relevant European legislation

 

 

 

Directives:

 

 

 

DIRECTIVE (EU) 2016/943 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 8 June 2016 on the protection of undisclosed know-how and commercial information (trade secrets) against their illicit acquisition, use and disclosure

 

DIRECTIVE 2014/104/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 November 2014 on certain rules for the settlement of actions for damages under national law for breaches of the competition law of the Member States and of the European Union

 

DIRECTIVE 2006/114/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 concerning misleading and comparative advertising (codified version)

 

on the coordination of the laws, regulations and administrative provisions relating to the application of Community rules on the procurement of entities operating in the water, energy, transport and telecommunications sectors

 

COUNCIL DIRECTIVE 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts

 

COUNCIL DIRECTIVE 84/450/EEC of 10 September 1984 on the approximation of the laws, regulations and administrative provisions of the Member States relating to misleading advertising (repealed)

 

 

Regulations:

 

 

 

REGULATION (EU) No 1316/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013 establishing a Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010

 

REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

 

REGULATION (EU) No 1151/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012 on agricultural product and food quality schemes

 

REGULATION (EC) No 67/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2009 laying down common rules for the granting of Community financial aid in the field of trans-European networks (repealed)

 

COUNCIL REGULATION (EC) No 169/2009 of 26 February 2009 on the application of the rules on competition in the transport by rail, road and inland waterway sector (codified version)

 

COUNCIL REGULATION (EC) No 1419/2006 of 25 September 2006 repealing Regulation (EEC) No 4056/86 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport and amending Regulation (EC) No 1/2003 to extend its scope to maritime cabotage and international occasional services by vessels

 

COUNCIL REGULATION (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (repealed)

 

COMMISSION REGULATION (EC) No 773/2004 of 7 April 2004 relating to proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty

 

COUNCIL REGULATION (EC) No 411/2004 of 26 February 2004 repealing Regulation (EEC) No 3975/87 and amending Regulations (EEC) No 3976/87 and (EC) No 1/2003 on air transport between the Community and third countries

 

COUNCIL REGULATION (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (EC Merger Regulation)

 

COUNCIL REGULATION (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty

 

COUNCIL REGULATION (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

 

COMMISSION REGULATION (EC) No 2658/2000 of 29 November 2000 on the application of Article 81(3) of the Treaty to categories of specialisation agreements (Expiry date: 31.12.2010)

 

COMMISSION REGULATION (EC) No 2842/98 of 22 December 1998 on the hearing of the parties in certain proceedings under Articles 85 and 86 of the Treaty establishing the European Community

 

COUNCIL REGULATION (EC) No 2236/95 of 18 September 1995 on common rules for the granting of Community financial aid in the field of trans-European networks (ex)

 

COUNCIL REGULATION (EEC) No 4064/89 of 21 December 1989 on the control of associations of undertakings (repealed)

 

COMMISSION REGULATION (EEC) No 4260/88 of 16 December 1988 concerning notices, complaints and applications and hearings thereon pursuant to Council Regulation (EEC) No 4056/86 laying down rules for the application of Articles 85 and 86 of the Treaty to maritime transport (dec.)

 

COUNCIL REGULATION (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition applicable to undertakings in the field of air transport (dec.)

 

COUNCIL REGULATION (EEC) No 4058/86 of 22 December 1986 on coordinated action to safeguard free access to the carriage of goods in ocean trade

 

COUNCIL REGULATION (EEC) No 4057/86 of 22 December 1986 concerning unfair pricing practices in maritime transport

 

COUNCIL REGULATION (EEC) No 4056/86 of 22 December 1986 laying down detailed rules for the application of Articles 85 and 86 of the Treaty to maritime transport (repealed)

 

COUNCIL REGULATION (EEC) No 2988/74 of 26 November 1974 on the limitation period for the imposition and enforcement of penalties in the field of transport law and competition law of the European Economic Community

 

COUNCIL REGULATION (EEC) No 2380/74 of 17 September 1974 adopting provisions for the dissemination of information relating to research programmes for the European Economic Community

 

REGULATION No 1017/68 OF THE COUNCIL of 19 July 1968 applying the rules on competition to the transport by rail, road and inland waterway sectors (repealed)

 

COUNCIL REGULATION No 19/65/EEC of 2 March 1965 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices

 

COUNCIL REGULATION No 17 First Regulation implementing Articles 85 and 86 of the Treaty

 

 

Solutions:

 

 

 

2011/695/EU: DECISION of the President of the European Commission of 13 October 2011 on the function and mandate of the Hearing Officer in certain competition proceedings

 

COMMISSION DECISION of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings (notified under document number C(2001) 1461) (dec.)

 

COMMISSION DECISION 94/810/ECSC, EC of 12 December 1994 on the terms of reference of hearing officers in competition proceedings before the Commission (repealed)

 

 

 

COMMISSION NOTICE laying down additional conditions pursuant to Council Regulation (EEC) No 4064/89 and Commission Regulation (EC) No 447/98.