Bulgaria/EU, 2005: Difference between revisions
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'''Score = | '''Score = 26''' | ||
'''Governed by:''' | '''Governed by:''' | ||
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| Supply Refusal | | Supply Refusal | ||
| | | Article 81(1)(b) of the EC treaty bans supply refusal. | ||
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Latest revision as of 20:28, 18 August 2008
Score = 26
Governed by:
- EU law:
- 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
- ↑ available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art81_en.html
- ↑ available from the EC at http://ec.europa.eu/comm/competition/legislation/treaties/ec/art82_en.html
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ Republic of Bulgaria Commission for Protection of Competition website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/LawonCompetitionProtection.pdf
- ↑ http://ec.europa.eu/comm/competition/antitrust/actionsdamages/files_white_paper/whitepaper_en.pdf
- ↑ 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.
- ↑ See the EC antitrust overview, at http://ec.europa.eu/comm/competition/antitrust/overview_en.html
- ↑ 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
- ↑ 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