New Bulgarian Protection of Competition Act
NEW BULGARIAN PROTECTION OF COMPETITION ACT
(EFFECTIVE AS OF 2 DECEMBER 2008)
The new Bulgarian Protection of Competition Act (PCA) was promulgated in the Bulgarian State Gazette No 102/28.11.2008.
A summary of the key provisions is set out below:
I. GENERAL STANDINGS
The new PCA explicitly provides for regulation on matters in relation to the application of Articles 81 and 82 of the Treaty on the Establishment of the European Community (the Treaty), including the matter in relation to the application of Council Regulation No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down Articles 81 and 82 of the Treaty (the Modernization Regulation) and Council Regulation 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the Merger Regulation).
Scope of application
The new PCA provides for that it shall not be applicable with regard to actions which consequences restrain or may restrain and distort competition in another state save in cases where it has been provided for by virtue of an international treaty whereto Bulgaria is a party.
II. PROHIBITED AGREEMENTS, DECISIONS, CONCERTED PRACTICES