Bulgaria – National Vertical Block Exemption (EN)
Bulgaria – National Vertical Block Exemption (DLC)(Delchev & Partners)(2026)
National vertical block exemption in Bulgaria:
- The provision of Article 101 of TFEU in Bulgaria is reproduced in several different articles of the Protection of Competition of Act (PCA), eg;
- Article 15 of PCA provides for a general prohibition and the voidness as a consequence;
- Article 17 of PCA provides for the possibility of (individual) exemption, explicitly stipulating that proving the circumstances for this is the obligation of the undertaking that benefits from them.
- In addition to the above, Article 18 of PCA provides for the possibility of block exemption, and Article 16 of PCA provides for the national de minimis rule.
- Pursuant to Article 18 of PCA, certain categories of agreements, decisions and concerted practices that meet the requirements of Article 17 of PCA may be block exempted from the prohibition under Article 15 by a decision of the Bulgarian Commission on Protection of Competition (CPC), which is not subject to appeal. Provided that CPC’s decision on block exemption is published in the State Gazette, it should meet the requirements for a by-law under Bulgarian law.
- As at today CPC has adopted Decision 24/11.01.2024 on block exemption from the prohibition under Article 15(1) of PCA of certain categories of agreements, decisions and concerted practices, published in the State Gazette, issue 9 of 30.01.2024. The motives to Decision 24/11.01.2024 explicitly confirm that the requirements for exemption from the prohibition under Article 101(1), provided in Article 101(3) of TFEU, are completely identical to the requirements for exemption from the prohibition under Article 15(1), provided in Article 17(1) of PCA. The legal technique adopted in Decision 24/11.01.2024 is to make a general reference to the relevant block exemption regulations at EU level, and where necessary, certain criteria from these regulations are adjusted in Decision 24/11.01.2024 to the specificities of the national market:
- Article 4 concerns vertical agreements in general;
- Article 5 concerns agreements relating to the aftermarket motor vehicle services ;
