Delchev & Partners

The responsibility for infringement of competition rules concerning misleading and comparative advertising shall be vested with the advertiser and the advertising agency.

Imitation of a domain or an Internet page 

In the field of imitation the new PCA contains explicit provisions with regard to the imitation of a domain and the appearance of an Internet page10.

Unfair attraction of clients – new maximum limitations 

Offering additions to the goods/services 

1. Prohibition on offering of additions to goods/services free of charge or against a seeming price of other goods/service

PCA prohibits the offering of additions to goods/services free of charge or against a seeming price of other goods/service save for: advertising materials of inconsiderable value which clearly indicate the advertising party; things or services, which according to commercial practice may be considered as accessories to the main goods/services; goods/services as a discount in cases of sales in large quantities.

2. Inconsiderable value of advertising materials

CPC has adopted the view that advertising materials clearly indicating the advertising party have inconsiderable value if their value is less than 10 (ten) times the value of the goods/services in addition to which such advertising materials are offered.

Making gifts/awards upon sale 

1. Limitation on the value of the gifts/awards

PCA prohibits sales where together with such sales gifts/awards are offered/promised and in the receipt of such gifts/awards is conditional upon: solving tasks, rebuses, questions, puzzles; collection of a series of coupons and suchlike; playing games with monetary or material gifts/awards; which value is considerable as opposed to the value of the goods/services sold.

2. Inconsiderable value of gifts/awards

CPC has adopted the view that in order for a gift/award to have inconsiderable value as opposed to the value of the goods/services sold the value of the gift/award should not be more than 100 times the value of the good/service sold, however not more than 15 minimal labour remunerations for the respective year11.

VI. PROCEEDINGS BEFORE CPC

The new PCA provides for a more detailed regulation with regard to the different proceedings that could be held before CPC.

In summary the new PCA provides for rules regarding the following proceedings:

• General rules for all types of proceedings;
• Proceedings on ascertainment of infringements and imposing of sanctions with regard to Chapter III12 and Chapter IV13 of PCA and art. 81 and art. 82 of the Treaty for establishing the European Community;
• Proceedings on granting permission for concentration between undertakings;
• Other proceedings:

– Vindication of competition;

– Proceedings for conduct of sector analyses.