Abuse of monopoly and dominant position in Bulgaria

The state of dominance is understood as an economic concept where one undertaking or a group of undertakings (collective dominance) are in a position to act without having regard to other competitors or consumers, i.e. that an undertaking or a group of undertakings may not be effectively constrained by the counteractions of its competitors and consumers. Monopoly is in place where the state has conferred special or exclusive rights on an undertaking having likewise the same economic essence as dominance.

The mere presence of “monopoly/dominant position” of an undertaking or a group of undertakings does not constitute an infringement of competition rules. However, monopoly/dominant position may be abused as a result of the economically unjustified behaviour of the monopolist/single dominant undertaking or the group of undertakings enjoying collective dominance. Thus a monopolist/dominant undertaking(s) has a special responsibility “not to allow its conduct to impair undistorted competition” in the market. Abuses may be split into two main categories – exploitative and exclusionary.

Delchev & Partners can advise you with regard to your or your competitors’ behaviour in the market in Bulgaria as a monopolists/dominant undertaking and in particular predatory conduct, margin squeeze, exclusive dealing, refusal to deal, tying and bundling, abusive discrimination, excessive pricing, and other manifestation of abusive behaviour as well as possible defense.