On 30 January 2020 the ECJ issued its preliminary ruling in Case C-307/18 which is likely to have both general and sector-specific implications for antitrust practice. The case concerns certain pay-for-delay agreements between GSK as the manufacturer of an originator drug called paroxetine and its (potential) generic competitors on the UK market IVAX, GUK and […]
Our associate Dragomir Stefanov has recently written an article analysing the evolution of the concept of “restriction of competition” under Article 101 TFEU and its Bulgarian equivalent – Articles 15-17 of the Competition Protection Act (“Понятието за ограничаване на конкуренцията по смисъла на чл. 101 от ДФЕС и чл. 15 от ЗЗК”). It was published […]
We are pleased to announce that our team has contributed the Bulgaria chapter in The International Comparative Legal Guide to: Merger Control 2019. The guide gives an overview of the Bulgarian merger control regime and provides our practical advice and tips for businesses involved in transactions subject to merger filings and approval by the Bulgarian competition […]
The Bulgarian Competition Protection Commission has recently fined several companies on various unfair competition practices in what is a sound reminder of the importance of competition compliance reviews in daily business/marketing activities. Net Info On 15 November 2018 the Commission fined Net Info AD with approx. BGN 267,000 for misleading and unlawful comparative advertising. In […]
Following the GDPR hassle, next on the line for companies conducting business online within the EU comes the Regulation (EU) 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market (the “Regulation”). The Regulation shall apply as from 3 December […]
The European Commission’s report on the e-commerce sector released in May (the Report) outlines the main trends and potential competition barriers in the online retail. Overall, the Commission did not deem necessary a review of the Vertical Block Exemption Regulation (VBER). This means that despite the ongoing innovations in the e-commerce business models, at this […]
The national competition authority (CPC) has just published its annual activity report for the preceding 2016 year. In Bulgaria, CPC has controlling and enforcement powers in three major areas: antitrust and competition, public procurement procedures appeals and appeals relating to concession procedures. Here is some of the published statistical data in the area of competition […]
In a merger control case in Bulgaria what would vendor’s counsel role be, if any at all? In short, normally vendor’s counsel role would be minor. An efficient and proactive counsel may, however, save costs and reduce the risks associated with the merger control aspects of a transaction (an exit/divestment). We have seen the benefits of such a role […]
We have heard this question often from clients and peers, mainly from foreign jurisdictions. We’ve always responded that this is a relevant question and it must not be neglected since it needs to be considered along with all associated risks (such as legal, financial, reputational, etc.) and costs. We say: “If you are a third […]
Bulgaria’s Parliament is currently discussing a draft law on amendment of the effective Protection of Competition Act. The bill has been proposed by individual Members of the Parliament and is a result of a continued lobbying by several groupings of local companies, mainly from the food and beverage industries. If enacted by the Parliament as […]
