In 2016, the Bulgarian Commission for Protection of Competition (“BCPC”) was notified for the intention of two of the biggest Bulgarian companies operating on the market of the manufacturing, repair and trade of defence-related products to merge. EMKO Ltd. aimed to acquire direct and sole control over Dunarit JSC by means of purchasing newly issued…

The Bulgarian Supreme Administrative Court (“SAC”) in a 5-member panel (acting as final instance) has annulled the decision of the 3-member panel of the SAC (acting as second instance) regarding the appeal of a decision of the Bulgarian Commission for Protection of Competition (“BCPC”). The ground for annulment is the lack of analysis of the…

After almost three years of investigation, the Bulgarian Commission for Protection of Competition (“BCPC”) has issued a Statement of Objections against in total 24 Bulgarian undertakings for bid-rigging in public procurement procedures under the National Program for Energy Efficiency of Multifamily Residential Buildings (“Energy Efficiency Program”). The bid-rigging was considered a breach of Article 15…

A fine of slightly above EUR 400 000 was imposed to the biggest Bulgarian telecom operator – A1 Bulgaria, member of Telekom Austria Group (“A1”) for abuse of stronger bargaining position in its contractual relationship with its former sales representative – Handy Bulgaria (“Handy”). The relationship between the two companies started back in 2005, when Handy…

In July this year, the Bulgarian Commission for protection of competition (the “Bulgarian Commission”) blocked the acquisition of the vertically integrated business of CEZ Group of companies (owned by CEZ a.s., Czech Republic) in Bulgaria by Inercom EAD (Bulgaria). The refusal to approve the CEZ/Inercom transaction was discussed in a previous post. In August 2018,…

At the beginning of August 2018, the Bulgarian Commission for Protection of Competition (“BCPC”) opened proceedings against a local company for non-notification of an acquisition of another undertaking. Such proceedings are very rare, and the last fine for a similar breach in Bulgaria was in 2012. The undertaking acquiring control – Agria Group Holding AD…

On 19 July 2018 the Bulgarian Commission for Protection of Competition (“BCPC”) refused to approve two separate concentrations – the acquisition of the vertically integrated business of CEZ Group of companies (owned by CEZ a.s., Czech Republic) by Inercom EAD (Bulgaria) and the acquisition of Nova Broadcasting Group AD by PPF TMT (the Netherlands). Both…

On 13.03.2018 the Bulgarian Commission for Protection of Competition (“BCPC”) published a decision finding that the Bulgarian National Television (“BNT”) and Nurts Digital EAD – a company operating in the sector of construction of networks and facilities in the TMT sector (“Nurts”) did not commit a breach of competition law. The BCPC was seized upon…

The Bulgarian Commission for Protection of Competition (“CPC”) has imposed fines on two out of the three integrated electricity companies in Bulgaria, part of the Austrian EVN group and the Czech CEZ group. The CPC initiated investigations against the three Bulgarian electricity distribution companies – CEZ, Energo-Pro and EVN and their affiliated end suppliers and…

Following a considerable delay and a threat by the European Commission to initiate infringement proceedings, Bulgaria finally implemented in its national law the provisions of the European Directive 2014/104/EU on Antitrust Damages Actions dated 26 November 2014 (the “Private Damages Directive”). On 3 January 2018 in the Bulgarian State Gazette was promulgated the Act for…