Bulgaria/EU, 2005: Difference between revisions

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New page: '''This page is currently under construction. Please check back in mid-August, 2008. Thanks''' '''Score = 25 ''' '''Governed by:''' *''EU law:'' :* Articles 81<ref>available from the EC...
 
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'''This page is currently under construction. Please check back in mid-August, 2008. Thanks'''
'''Score = 26'''
 
'''Score = 25 '''


'''Governed by:'''
'''Governed by:'''
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:* Articles 81<ref>available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art81_en.html</ref> and 82<ref>available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art82_en.html</ref> of the EC treaty
:* Articles 81<ref>available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art81_en.html</ref> and 82<ref>available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art82_en.html</ref> of the EC treaty
:* Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and
:* Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and
*''Maltese Law:''  
*''Bulgarian Law:''  
:*Chapter 379 Competition Act of 1 February 1995, ACT XXXI of 1994, as amended by Acts XXVIII of 2000, IV of 2003 and III of 2004; and Legal Notice 425 of 2007.<ref> Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/legislation/english/leg/vol_10/chapt379.pdf</ref> (“Competition Act”). Article 16 of the Competition Act incorporates articles 81 and 82 of the EC Treaty, listing all EC treaty violations as violations of the Competition Act.
:*Law on Competition Protection of 1998, last amended by SC no. 107/2003 (“the Competition Act”).<ref>     Republic of Bulgaria Commission for Protection of Competition website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/LawonCompetitionProtection.pdf</ref>
:*Subsidiary Legislation 379.08 Control of Concentrations Regulations of 1st January 2003, Legal Notice 294 of 2002, as amended by Legal Notices 299 of 2002 and 49 of 2007.<ref>Statute from the Malta Ministry of Justice, at http://docs.justice.gov.mt/lom/Legislation/English/SubLeg/379/08.pdf</ref> (“Merger Reg”).
 


{| class="wikitable"
{| class="wikitable"
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| Fines
| Fines
| 1
| 1
| Article 21 of the Competition Act provides for fines for EC treaty violations.  
| Articles 59 and 60 of the Competition Act provide for fines for competition violations.  


|-
|-
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| Divestitures
| Divestitures
| 1
| 1
| Article 13 of of the Competition Act allows the commission to force structural remedies on a firm. Article 8(3) of the Merger Reg permits divestment of improperly merged companies.
| Article 27(4) of the Competition Act allows for divestitures in the case of unauthorized or improperly authorized mergers.


|- class="categorydivision"
|- class="categorydivision"
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| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 1
| Article 8 of the Rules of Procedure for the Commission for Fair Trading<ref>These can be found on pp. 15-16 of the Competition Act</ref> allow ''in camera'' hearings, provided that the initiating party and defendant have the right to be heard in the proceedings.
| Article 43 of the Competition Act allows parties who have participated in proceedings to appeal decisions. Article 51(1)(5) of the Act allows parties access to evidence, and Article 52(4) states that third parties will be summoned to hearings.


|- class="categorydivision"
|- class="categorydivision"
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| Mandatory
| Mandatory
| 3
| 3
| Article 5(1) of the Merger Reg says that notification must occur prior to implementation.
| Article 24 requires prior notification of all mergers between companies with a turnover of more than BGN 15M.
|-
|-
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| Pre-merger
| Pre-merger
| 2
| 2
| Article 5(1) of the Merger Reg says that notification must occur prior to implementation.
| See above
|-
|-
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| Dominance
| Dominance
| 1
| 1
| Article 4(2)(d) of the Merger Reg lists the market positions of the undertakings as a factor in merger assessment.
| Article 27(1) says that the resultant market share is a consideration in merger assessment.
|-
|-
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| Restriction of Competition
| Restriction of Competition
| 1
| 1
| Article 4 of the Merger Reg generally prohibits mergers that substantially lessen competition.
| Article 27(1) lists several aspects of restriction of competition to consider in merger assessment.
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 0
|1
|  
|Article 28(2) allows otherwise impermissible mergers for public interest reasons.
|-
|-
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|  
|  
| Other
| Other
| 1
| 0
| Article 4(2)(b) of the Merger Reg requires the Commissioner to consider whether a party to the merger is in danger of failing.
|  
|-
|-
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| Efficiency
| Efficiency
| 1
| 1
|Article 4(4) of the Merger Reg allows a defense for mergers that are likely to bring about gains in efficiency.
|Article 28(2) allows some otherwise prohibited mergers if they modernize production or the economy.


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| Supply Refusal
| Supply Refusal
| 0
| Article 81(1)(b) of the EC treaty bans supply refusal.
|  
|  

Latest revision as of 20:28, 18 August 2008

Score = 26

Governed by:

  • EU law:
  • Articles 81[1] and 82[2] of the EC treaty
  • Regulation 1/2003 of 16 December 2002 [3] and
  • Bulgarian Law:
  • Law on Competition Protection of 1998, last amended by SC no. 107/2003 (“the Competition Act”).[4]


Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Articles 59 and 60 of the Competition Act provide for fines for competition violations.
Prison Sentences 0
Divestitures 1 Article 27(4) of the Competition Act allows for divestitures in the case of unauthorized or improperly authorized mergers.
Private Enforcement 3rd Party Initiation 1 Article 12(1) of the Competition Act says that investigations can be initiated by a reasonable allegation in writing by a 3rd party.
Remedies Available to 3rd Parties 1 Private enforcement of Articles 81 and 82 of the EC treaty is mandated and encouraged by the European Commission.[5]
3rd Party Rights in Proceedings 1 Article 43 of the Competition Act allows parties who have participated in proceedings to appeal decisions. Article 51(1)(5) of the Act allows parties access to evidence, and Article 52(4) states that third parties will be summoned to hearings.
Merger Notification[6] Voluntary 0
Mandatory 3 Article 24 requires prior notification of all mergers between companies with a turnover of more than BGN 15M.
Pre-merger 2 See above
Post-merger 0
Merger Assessment Dominance 1 Article 27(1) says that the resultant market share is a consideration in merger assessment.
Restriction of Competition 1 Article 27(1) lists several aspects of restriction of competition to consider in merger assessment.
Public Interest (Pro D) 1 Article 28(2) allows otherwise impermissible mergers for public interest reasons.


Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 28(2) allows some otherwise prohibited mergers if they modernize production or the economy.
Dominance Limits Access 1 Article 82(b) of the EC treaty prohibits limiting production.
Abusive Acts 1 Article 82 of the EC treaty prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) of the EC treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the EC treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the EC treaty prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 of the EC treaty prohibits using predatory pricing to drive competitors from the market[7]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the EC treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the EC treaty prohibits tying.
Market Division 1 Article 81 of the EC treaty prohibits market division[8]


Output Restraint 1 Article 81(1)(b)of the EC treaty prohibits limiting production.
Market Sharing 1 Article 81(1)(c)of the EC treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the EC treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the EC treaty prohibits bid-rigging.[9]
Supply Refusal Article 81(1)(b) of the EC treaty bans supply refusal.
Efficiency Defense 1 Article 81(3)of the EC treaty allows an efficiency defense.

References

  1. ↑ available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art81_en.html
  2. ↑ available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art82_en.html
  3. ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  4. ↑ Republic of Bulgaria Commission for Protection of Competition website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/LawonCompetitionProtection.pdf
  5. ↑ http://ec.europa.eu/comm/competition/antitrust/actionsdamages/files_white_paper/whitepaper_en.pdf
  6. ↑ The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  7. ↑ See the EC antitrust overview, at http://ec.europa.eu/comm/competition/antitrust/overview_en.html
  8. ↑ Although the wording of the treaty seems to apply to market sharing, the EC also considers market division illegal. See the EU press release at http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/29&format=HTML&aged=0&language=EN&guiLanguage=en
  9. ↑ Although not explicitly stated in the statute, bid-rigging is considered anti-competitive behavior. See the case involving gas insulated switchgear, at http://europa.eu/rapid/pressReleasesAction.do?reference=IP/07/80&format=HTML&aged=0&language=EN&guiLanguage=en
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