Protection against unfair competition.

The team of Kostov & Partners can provide you with professional legal advice and legal representation in connection with proceedings concerning unfair competition before the CPC. Unfair competition is any act or omission in the conduct of business which is contrary to good commercial practice and harms or may harm the interests of competitors in their relations with each other or with consumers.

The Commission for the Protection of Competition is the empowered state authority which applies the Competition Protection Act, the Public Procurement Act and the Concessions Act. The activities of the CPC are related to the detection of infringements of free competition, the provisions of Articles 81 and 82 of the Treaty establishing the European Community, cooperation with the European Commission and other national competition authorities of the Member States of the European Union, under Regulation (EC) No 1/2003 and Regulation (EC) No 139/2004, carrying out sectoral analyses and advocacy for competition. Under the Public Procurement Act and the Concessions Act, the Commission examines complaints concerning the unlawfulness of decisions, acts and omissions of contracting authorities or concessionaires in a procurement or concession procedure. 

The acts and omissions constituting unfair competition under Article 29 of the CPC Act are as follows:

Damage to the reputation and credibility of competitors, as well as to the goods or services offered by them, by asserting or disseminating false information or by misrepresenting facts. Attributing, by advertising or otherwise, non-existent qualities to goods or services when compared with those of competitors, and attributing non-existent disadvantages to the goods or services of competitors.

Misleading by omitting or concealing material defects or dangerous features of the goods or services offered. Imitation as referred to in Article 35 of the CPA by offering or advertising goods or services with an appearance, packaging, marking, name or other features which mislead or are likely to mislead as to the origin, manufacturer, seller, manner and place of production, source and manner of acquisition or use, quantity, quality, nature, consumer characteristics and other essential characteristics of the goods or services. Unfair solicitation of customers by unfair competition aimed at attracting customers under Article 36 of the CPA, resulting in the termination or breach of contracts with competitors. Prohibition of the disclosure of manufacturing or trade secrets through the knowledge, use or disclosure of a manufacturing or trade secret contrary to good commercial practice.

If you are in need of an attorney specializing in competition law in Plovdiv, please contact the Kostov & Partners team here and now:

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