Bulgaria – National Vertical Block Exemption (EN)
- Article 5(2): the exemption from the prohibition under Article 15(1) of PCA does not apply to agreements containing restrictions that eliminate the benefits of the block exemption (hardcore restrictions), as referred to in Article 5 of Regulation 461/2010.
- According to Article 16 (1) of PCA, the prohibition under Article 15(1) of PCA does not apply to agreements, decisions and concerted practices with an insignificant effect on competition (the de minimis rule). According to Article 16(3) of PCA, the de minimis rule “does not apply to agreements which have as their object or effect[1] …” as opposed to the De minimis Notice which provides that it “does not cover agreements which have as their object[2] …” only. CPC further adopted a decision, as its own analogue of the De Minimis Notice, which reflects the position that the deminis rule “does not cover agreements which have as their object[3] …” only. However, the CPC decision has not been published in the State Gazette and also may not contradict PCA. There is no case law to clarify this discrepancy, ie whether PCA is to be construed correctively to reflect the De Minims Notice or there is a national specific de minimis rule.
In addition, the CPC de minimis decision was adopted to reflect Regulation 330/2010 and has not been adjusted to Regulation 720/2022.
[1] emphasis added
[2] emphasis added
[3] emphasis added
