Commitments in antitrust proceedings

In February 2010 the Commission on the Protection of Competition adopted the Rules on the Examination of Proposals for Commitments under the Law on the Protection of Competition. The new competition act, which entered into force at the end of 2008, stipulates that investigations have two phases. At the end of the first phase, if there is sufficient evidence of an infringement, the commission will prepare a statement of objections and start an in-depth investigation. After receiving the statement of objections, the implicated undertaking may offer commitments to allay competition concerns.

The rules provide the criteria for the assessment of offered commitments, which can be structural or behavioural (and must be proportional). Undertakings can propose commitments only if the respective infringement does not amount to:

• a hardcore restriction of competition (ie, pricefixing or allocation of markets or sources of supply);
• a structural or exploitative abuse of dominance which concerns a substantial part of the relevant market or significant number of consumers; or
• another serious violation of competition rules.

For further information on this topic please contact Ilko Stoyanov at Advokatsko Druzhestvo Andreev Stoyanov & Tsekova in cooperation with Schönherr Rechtsanwälte GmbH by telephone (+359 2 933 1072), fax (+359 2 986 1105) or email (i.stoyanov@schoenherr.bg).