Bulgaria 1998
Score = 17
Governed by: Law on Competition Protection of 1998, No. 52 of 8 May 1998 (hereinafter referred to as “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 | 0 | ||
| 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 | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 24 requires prior notification of all mergers. | |
| Pre-merger | 2 | Article 24 requires prior notification of all mergers. | |
| 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 | 0 | ||
| Dominance | Limits Access | 1 | Article 18 prohibits limiting production |
| Abusive Acts | 0 | ||
| Price Setting | 1 | Article 18 prohibits price fixing. | |
| Discriminatory Pricing | 1 | Article 18 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 prohibits price fixing. |
| Tying | 1 | Article 9 prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 9 prohibits limiting production. | |
| Market Sharing | 1 | Article 9 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. |