Navigation path

Share on 
	Share on Facebook
  
	Tweet it
  
	Share on google+
  
	Share on linkedIn
  
    
      E-mail
Set page to normal font sizeIncrease font size by 200 percentBookmark this pageChoose high-contrast version

Bulgaria

Competing fairly

Updated 10/2012

Legal requirements

The Competition Protection Act (ZZK) aims to ensure the protection and conditions for competition development and free initiative in business. It provides for protection against agreements, decisions and collusive practices, and the abuse of monopolistic or dominant positions in the market. It also regulates control over concentrations of enterprises, and relations with respect to the implementation of the EU Treaty and Council Regulations on the implementation of the rules of competition and control of concentrations of enterprises.

Antitrust

Prohibited agreements, decisions and concerted practices

The Competition Protection Act (ZZK) prohibited any form of agreement among undertakings, decisions by undertaking groupings, as well as any concerted practices by two or more undertakings, which intend or result in preventing, restricting or destroying competition in a given market, such as:

  • directly or indirectly fixing purchase or selling prices or any other trading conditions;
  • sharing markets or sources of supply;
  • limiting or controlling production, markets, technical development, or investment;
  • applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
  • making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

All decisions and agreements of this kind are void.

Abuse of a monopolistic or dominant position

The law prohibits any behaviour of enterprises with a monopolistic or dominant position, or of two or more enterprises with a combined dominant position which may prevent, restrict or disrupt competition and affect the interests of consumers. For example:

  • directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
  • limiting production, markets or technical development to the prejudice of consumers;
  • applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive advantage;
  • making the conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection to the subject of such contracts;
  • unreasonable denial to supply goods or services to an actual or potential client in order to obstruct the client's business activities.

Unfair competition

Any action or omission when conducting a business activity is prohibited if it is contrary to conscientious commercial practice and harms, or is likely to harm, competitors' interests. For example:

  • damaging the reputation of a competitor;
  • providing misleading information;
  • misleading and comparative advertising;
  • imitation;
  • unfairly taking customers;

State Aid

The state may, in some circumstances, provide aid to persons or enterprises if this does not undermine fair competition. The rules for state aid are set out in the State Aid Act (ZDP). Aid may be provided where:

  • it helps the economic development of regions with low standards of living or high levels of unemployment;
  • it assists projects of major economic interest to the European Union or helps to overcome some of the major economic problems in Bulgaria;
  • it promotes the development of certain commercial activities or encourages specific economic regions, provided that this does not disrupt business conditions to an extent that runs counter to the public interest;
  • it helps protect cultural and historical heritage, provided that it does not run counter to the public interest;
  • it has been authorised by a decision of the Council and has been passed by a qualified majority based on a proposal by the European Commission.

National competition bodies

The Competition Protection Commission (CPC) is the body authorised to enforce the Competition Protection Act (ZZK). The CPC is the Bulgarian watchdog responsible for the implementation of Community law in the field of competition. The CPC:

  • detects violations of the Competition Protection Act (ZZK) and Articles 81 and 82 of the Treaty Establishing the European Community;
  • imposes the sanctions stipulated by the law;
  • issues permits as required by law;
  • may issue injunctions in cases provided for in the law;
  • approve undertakings by businesses or impose measures to re-establish competition in respect of enterprises subject to investigation under the ZZK or Article 81 and 82 of the Treaty Establishing the European Community;
  • can order companies to stop further infringements, and enforce this by imposing relevant restrictions on their behaviour, and/or structural measures to reinstate competition; and etc.;

Strict provisions govern company mergers

Administrative procedures

Notifying mergers

The Competition Protection Commission is the body authorised to assess concentrations of economic activity.

If any operation constitutes a concentration, it must be notified to the Competition Protection Commission, unless it is within the competence of the European Commission. Concentrations that fall within the scope of control over concentrations of enterprises at EU level are within the sole competence of the European Commission.

Enterprises must inform the commission of a concentration after having concluded an agreement, publishing an invitation to tender or acquiring control, but prior to real action being taken to implement the transaction.

Notifications of concentrations must be submitted jointly by the enterprises being merged or absorbed, jointly established or acquiring joint control, and by persons acquiring sole control.

Measures to assess a concentration are launched within three days of receipt of the notification by the Competition Protection Commission or after all the necessary documentation has been submitted.

A notification is announced via the Commission's e-register, allowing any interested parties to submit information or their opinions on the effect the concentration will have on the market in question.

Disputes

If an enterprise has grounds to believe that another enterprise is breaking competition rules, it may apply to the Competition Protection Commission requesting that the infringement be established and to impose sanctions.

Submission of notifications, requests and complaints off infringements of the Competition Protection Act (ZZK), the Public Procurement Act (ZOP) and the Concessions Act (ZK) can also be done via the Competition Protection Commission's website.

The Commission charges fees under the Competition Protection Act (ZZK), the Public Procurement Act (ZOP) and the Concessions Act (ZK).

Help & advice

Help & advice

E-mail a business organisation near you

The EU runs a network (Enterprise Europe Network) of local business organisations in most European countries that may be able to help you.

Choose your country and town and enter your enquiry below.

Country

Austria

Feldkirch

Graz

Innsbruck

Klagenfurt

Linz

Salzburg

Wien

Belgium

Antwerpen

Arlon

Brugge

Brussels

Charleroi

Gent

Hasselt

Leuven

Libramont

Liège

Mons

Namur

Nivelles

Bulgaria

Dobrich

Plovidiv

Ruse

Sandanski

Sofia

Stara Zagora

Vratsa

Yambol

Croatia

Osijek

Rijeka

Split

Varazdin

Zagreb

Cyprus

Nicosia

Czech Republic

Brno

Brno

Liberec

Ostrava

Ostrava

Pardubice

Plzen

Praha

Usti nad Labem

Denmark

Aalborg

Copenhagen

Herning

Kolding

Næstved

Viborg

Estonia

Tallinn

Finland

Helsinki

Oulu

Tampere

Turku

Vantaa

France

Amiens

Annecy

Aulnat

Besançon

Bordeaux

Bourg en Bresse

Caen

Cayenne

Chalons-en-Champagne

Chambéry

Dijon

Fort-de-France

Grenoble

Lille

Limoges

Lyon

Marseille

Marseille

Montpellier

Montpellier

Nancy

Nantes

Orléans

Paris

Pointe-à-Pitre

Poitiers

Privas

Rennes

Rouen

Saint-Denis

Saint-Etienne

Strasbourg

Toulouse

Valence

Germany

Berlin

Bremen

Bremenhaven

Chemnitz

Dresden

Düsseldorf

Erfurt

Frankfurt/Oder

Freiburg

Hamburg

Hannover

Kaiserslautern

Kiel

Konstanz

Leipzig

Magdeburg

Mannheim

Mülheim an der Ruhr

München

Potsdam

Reutlingen

Rostock

Saabrücken

Stuttgart

Trier

Ulm

Villingen-Schwenningen

Wiesbaden

Greece

Athens

Heraklion

Ioannina

Kavala

Kozani

Thessaloniki

Tripolis

Volos

Hungary

Budapest

Debrecen

Eger

Győr

Miskolc

Nyíregyháza

Pécs

Szeged

Székesfehérvár

Zalaegerszeg

Ireland

Dublin

Italy

Abruzzo

Aosta

Apulia

Ascoli Piceno

Basilicata

Bologna

Bologna

Cagliari

Calabria

Calabria

Campania

Catania

Florence

Genova

Gorizia

Milano

Molise

Naples

Palermo

Palermo

Perugia

Pesaro

Pisa

Pordenone

Ravenna

Rome

Rovereto

Sassari

Sicily

Terni

Torino

Trieste

Udine

Venezia

Venezia

Venezia

Latvia

Riga

Lithuania

Kaunas

Klaipėda

Vilnius

Luxembourg

Luxembourg

Malta

Pieta`

Netherlands

Den Haag

Nieuwegein

Norway

Ås

Oslo

Stavanger

Tromsø

Poland

Bialystok

Gdańsk

Kalisz

Katowice

Kielce

Konin

Kraków

Lublin

Lublin

Olsztyn

Opole

Poznań

Rzeszów

Szczawno-Zdrój

Szczecin

Toruń

Warsaw

Warsaw

Warsaw

Wroclaw

Zielona Góra

Łódź

Portugal

Aveiro

Braga

Coimbra

Évora

Faro

Funchal

Lisboa

Ponta Delgada

Porto

Romania

Arad

Bacau

Bucuresti

Cluj-Napoca

Constanta

Craiova

Galati

Iasi

Ramnicu Valcea

Timișoara

Slovakia

Bratislava

Prešov

Slovenia

Koper

Ljubljana

Maribor

Spain

Albacete

Alicante

Badajoz

Barcelona

Bilbao

Ciudad Real

Donostia- San Sebastian

Ferrol

Las Palmas de Gran Canaria

Llanera

Logroño

Madrid

Murcia

Oviedo

Palma

Pamplona

Paterna (Valencia)

Santa Cruz de Tenerife

Santander

Santiago de Compostela

Sevilla

Toledo

Valencia

Valladolid

Vitoria- Gazteiz

Zaragoza

Sweden

Borlänge

Göteborg

Jönköping

Kramfors

Luleå

Malmö

Örebro

Östersund

Stockholm

Umeå

Västerås

Växjö

United Kingdom

Belfast

Bristol

Cambridge

Cardiff

Coventry

Inverness

London

Manchester

Newcastle

Yorkshire and Humber

Enter your message here

* required field (you must enter data here)