Bulgaria 2003: Difference between revisions
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JWSchneider (talk | contribs) New page: '''Score = 18''' ''Governed by:'' Law on Competition Protection of 1998, last amended by SC no. 107/2003 (hereinafter referred to as “Competition Act”). <ref>Republic of Bulgaria Com... |
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'''Score = | '''Score = 20''' | ||
''Governed by:'' Law on Competition Protection of 1998, last amended by SC no. 107/2003 ( | ''Governed by:'' 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:// | <ref>Republic of Bulgaria Commission for Protection of Competition website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/LawonCompetitionProtection.pdf</ref> | ||
{| class="wikitable" | {| class="wikitable" | ||
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| | | | ||
| Divestitures | | Divestitures | ||
| | | 1 | ||
| | | Article 27(4) allows for divestitures in the case of unauthorized or improperly authorized mergers. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 47: | Line 47: | ||
| | | | ||
| 3rd Party Rights in Proceedings | | 3rd Party Rights in Proceedings | ||
| | | 1 | ||
| | | Article 43 allows parties who have participated in proceedings to appeal decisions. Article 51(1)(5) allows parties access to evidence, and Article 52(4) states that third parties will be summoned to hearings. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 60: | Line 60: | ||
| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| Article 24 requires prior notification of all mergers. | | Article 24 requires prior notification of all mergers between companies with a combined annual turnover of BGN 15 million. | ||
|- | |- | ||
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| Pre-merger | | Pre-merger | ||
| 2 | | 2 | ||
| | | See above. | ||
|- | |- | ||
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| | | | ||
| Public Interest (Pro D) | | Public Interest (Pro D) | ||
| | | 1 | ||
| | | Article 28(2) allows otherwise impermissible mergers for public interest reasons. | ||
|- | |- | ||
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| Efficiency | | Efficiency | ||
| | | 1 | ||
| | |Article 28(2) allows some otherwise prohibited mergers if they modernize production or the economy. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
Latest revision as of 18:18, 5 August 2008
Score = 20
Governed by: Law on Competition Protection of 1998, last amended by SC no. 107/2003 (“the Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 2(1) says that the Competition Act applies to anything that has an effect within Bulgaria. |
| Remedies | Fines | 1 | Articles 59 and 60 provide guidelines for the imposition of fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 27(4) allows for divestitures in the case of unauthorized or improperly authorized mergers. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 36(1)(1) allows injured 3rd parties to initiate proceedings. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | Article 43 allows parties who have participated in proceedings to appeal decisions. Article 51(1)(5) allows parties access to evidence, and Article 52(4) states that third parties will be summoned to hearings. | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 24 requires prior notification of all mergers between companies with a combined annual turnover of BGN 15 million. | |
| 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 18(2) prohibits limiting production |
| Abusive Acts | 1 | Article 18 prohibits abusing a dominant position. | |
| Price Setting | 1 | Article 18(1) prohibits price fixing. | |
| Discriminatory Pricing | 1 | Article 18(3) prohibits applying different conditions to equivalent transactions. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 9(1)(1) prohibits price fixing. |
| Tying | 1 | Article 9(1)(5) prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 9(1)(3) prohibits limiting production. | |
| Market Sharing | 1 | Article 9(1)(2) prohibits market sharing. | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 13 exempts from the Article 9 prohibitions agreements that contribute to improving production of goods or promote technical or economic progress. |
References
- ↑ Republic of Bulgaria Commission for Protection of Competition website, http://siteresources.worldbank.org/INTCOMPLEGALDB/Resources/LawonCompetitionProtection.pdf