The Bulgarian competition authority published its annual 2022 report, with a significant delay.

Repeatedly, the numbers confirm that the competition commission (CPC) still focuses its practice and resources in areas falling outside the traditional competition and antitrust.

The CPC opened total 873 cases and issued 651 decisions, including 778 relating to public procurement (538 decisions), 85 to competition/antitrust (100 decisions) and 10 cases on concession procedures.

Like in previous years, the vast majority of the cases opened and reviewed in 2022 concern appeals against public procurement procedures (total 778 cases which is roughly 90% of all cases). The total number of competition cases opened (85) is less than 10% of all cases in 2022. The majority competition cases are related to merger filings (36 cases that is 42%) and unfair competition cases (i.e. one-third of all 85 competition cases).

The commission issued 38 merger decisions (37 in 2021), including 24 unconditional clearances, 7 decisions finding the notified deal did not constitute a concentration or did not trigger a mandatory filing, 3 decisions closing the case (e.g. due to a notification withdrawal) and only 2 opening an in-depth phase 2 investigation. No prohibition decisions. No clearance subject to commitments. One clearance decision based on modifications proposed by the notifying parties.

The CPC remained effectively inactive in investigating cartel and antitrust cases. There were only 4 cartel cases opened and 2 statements of objections issued in 2022 (4 cases and 1 SO in 2021). Similarly, the commission opened only 7 abuse of dominance cases and issued one SO (4 cases and 4 SOs in 2021).