Institutionalisation of the protection of competition in the Republic of Bulgaria

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Section IV of the CPA provides for responsibilities and sanctions in case of breach of antitrust provisions. For breach of prohibitions and restrictions, the law envisages administrative penal liability where the act does not constitute a crime.  No acts for establishing the infringements shall be drafted and the pecuniary sanctions and fines under this act shall be imposed by a decision of the Commission. For infringements and prohibitions specified in article 59 of the CPA which may lead to prevention, restriction or infringement of agreements, the CPC shall impose a pecuniary sanction upon the enterprise in favour of the state to the amount of BGN5,000 to BGN300,000. In case of repeated infringement the Commission may impose a pecuniary sanction on the enterprise to the amount of BGN100,000 to BGN500,000. The same sanction shall be imposed in the case of a failure to follow a decision of the Commission. Natural persons who committed or allowed the commitment of infringements under the PCA shall be imposed a pecuniary sanction of between BGN1,000 and BGN10,000 if the act does not constitute a crime, and if the infringement is repeated the sanction may amount from BGN2,000 to BGN20,000. The sanctions imposed and size of the fine will take into consideration the graveness of the infringement.

According to the provisions of article 43 of the CPA, decisions of the CPC are subject to appeal before the Supreme Administrative Court (“the SAC”) within fourteen days of their notification to the parties. If a Commission decision is appealed before the SAC, it may be revoked on grounds of lack of the authority’s competence, non-observation of the form provided by the law, material infringement of administrative and procedural rules, contradictions with the material and legal provisions or because of non-compliance with the objectives of the law. The appeal or protest (submitted by the prosecution office) referred to the SCA against the decision of the CPC prevents its execution unless the court provides otherwise. The appeal or protest shall be filed through the authority who issued the appealed act, who within three days of its receipt undertakes to provide to the SAC the entire file, including the appealed act, and to notify the sender thereof. An open court hearing shall be initiated and conducted and the plaintiff, the CPC and other interested parties shall be summoned. During the court hearing, led by three judges, new evidence may be submitted in addition to evidence of newly arisen facts and circumstances of significant importance for the case. The court shall decree its decision within one month of the court hearing.

A cassation appeal may be filed against the decision of the SAC within fourteen days as of the notification date for the decision. The chief prosecutor of Bulgaria or the deputy chief prosecutor at the SAC may submit cassation protests within six months. The appeal and protest shall be filed through the SAC. The case shall be considered during an open session consisting of five members, with the attendance of a prosecutor. Only written evidence shall be admitted to the cassation procedure. SAC members may resolve, only in respect to the cassation grounds specified in the appeal, by leaving in force, revoking (partially or entirely) or amending the appealed decision. Where the decision is revoked because of material infringements of procedural rules, the five members of the SAC shall return the case for re-consideration by a different three member court. The cassation decision, decreed by five member court, is final.

Generally, these are the legal provisions relating to the status, manner and procedure of work of the Commission for the Protection of Competition. The material and procedural norms described above represent basic rules in this sphere, being interpreted on a daily basis and further developed by the competition protection practice of the CPC and the SAC.

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