PROTECTION OF COMPETITION ACT
 
Prom. SG. 102/28 Nov 2008 , amend. SG. 42/5 Jun 2009 , amend. SG. 54/16 Jul 2010 , amend. SG. 9
7/10 Dec 2010 , amend. SG. 73/20 Sep 2011 , amend. SG. 38/18 May 2012 , amend. SG. 15/15 Feb 2013 , am
end. and suppl. SG. 56/24 Jul 2015 , amend. and suppl. SG. 2/3 Jan 2018 , amend. SG. 7/19 Jan 2018 , amen
d. and suppl. SG. 77/18 Sep 2018 , amend. SG. 17/26 Feb 2019 , amend. SG. 28/5 Apr 2019 , amend. and sup
pl. SG. 17/26 Feb 2021
 
Division one.  
GENERAL DIVISION  
Chapter one.  
GENERAL PROVISIONS  
Subject-matter  
Art. 1. (1) The purpose of this Act is to provide protection and conditions to enhance the competitio
n and the free initiative in business activity.
(2) (Suppl. – SG 56/15, amend. – SG 17/21, in force from 26.02.2021) On order to achieve the purp
ose of Para 1, the Act shall provide protection against agreements, decisions and concerted practices, abuse 
of monopolistic and dominant position on the market and all other actions and operations, which could lead t
o prevention, restriction or distortion of competition in the country and /or to impact the trade between Mem
ber States of the European Union, as well as against unfair competition or unfair commercial practices betwe
en economic operators in the supply chain of agricultural and food products. This Act shall also regulate the 
control over concentrations of undertakings.
(3) (amend. - SG 2/18) This Act shall regulate the relations in connection with implementation of A
rt. 101 and 102 of the Treaty on the Functioning of the European Union, including the co-operation with the 
European Commission and the national competition authorities in the Member-States of the European Union
, on application of the Council Regulation (EC) 1/2003 of 16 December 2002 on the implementation of the r
ules on competition laid down in the Art. 101 and 102 of the Treaty on the Functioning of the European Uni
on, referred hereinafter "Regulation (EC) 1/2003" and Council Regulation EC 139/2004 of 20 January 2004 
on the control of concentrations between undertakings (the EC Merger Regulation), referred hereinafter "Re
gulation (EC) 139/2004".
(4) (New – SG 17/21, in force from 26.02.2021) This Act shall regulate the powers of the Commiss
ion for Protection of Competition as a competent body under Art. 3, item 6 of Regulation (EU) 2017/2394 of 
the European Parliament and of the Council of 12 December 2017 on cooperation between national authoriti
es responsible for the enforcement of consumer protection laws and repealing Regulation (EC) № 2006/20
04 (OJ, L 345/1 of 27 December 2017), hereinafter referred as "Regulation (EU) 2017/2394", in ca
se of misleading advertising and unauthorized comparative advertising under Art. 32 of the act.
 
Field of application  
Art. 2. (1) This Act shall apply to:
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.1. all undertakings and associations of undertakings carrying out activities on the territory of the Re
public of Bulgaria or out of it if they explicitly or tacitly prevent, restrict, distort or can prevent, restrict, dist
ort competition in the country;
2. state authorities, including the executive authorities and authorities of the local independent gove
rnment, if explicitly or tacitly prevent, restrict, distort or can prevent, restrict, distort the competition in the c
ountry;
3. undertakings to which the State or the municipality has assigned services of public interest, inas
much as the implementation of the Act does not obstruct actually or in juridical aspect the fulfilment of the a
ssigned tasks and the competition in the country is not affected to a considerable extent;
4. natural persons who commit or contribute to infringement of this Act;
5. (new – SG 17/21, in force from 26.02.2021) natural and legal persons, groups of natural or legal 
persons or public bodies which, when purchasing agricultural and foodstuffs, engage in unfair commercial p
ractices in their relations with suppliers in the supply chain of agricultural and food products, where the supp
lier and/or buyer are established on the territory of the European Union.
(2) This Act shall not apply to actions, resulting in actual or possible restriction or distortion compe
tition in another country, unless otherwise provided by effective international agreement, to which Republic 
of Bulgaria is party.
 
Chapter two.  
COMMISSION FOR PROTECTION OF COMPETITION  
Status 
Art. 3. (1) (amend. SG 15/13, in force from 01.01.2014) The Commission on Protection of Competi
tion, referred hereinafter "(the) Commission" is an independent specialised State authority, on budget mainte
nance and a first-level budget administrator. Commission is a legal person with a seat in Sofia.
(2) (Amend. – SG 17/21, in force from 26.02.2021) The Commission shall be the national authority 
of the Republic of Bulgaria responsible for the implementation of the Community legislation in the field of c
ompetition.
(3) (New – SG 17/21, in force from 26.02.2021) The Commission shall exercise its powers under th
is act without all bodies of state power, including bodies of the executive, local self-government or private le
gal entities having any right to interfere and give instructions in its work, whereby this shall not affect the ob
servance of the strategies, programs and plans for development of the respective sectors of the economy, ado
pted by the National Assembly of the Republic of Bulgaria and by the Council of Ministers.
 
Body 
Art. 4. (1) (amend. – SG 54/10; amend. – SG 73/11, in force from 20.09.2011; suppl. – SG 56/15, a
mend. – SG 17/21, in force from 26.02.2021) Commission consists of 7 persons, including a Chairperson, D
eputy Chairperson and 5 Members elected and discharged by the National Assembly for a period of 7 years. 
The members of the Commission shall be elected upon conducted public procedure and cannot be re-elected 
directly for another mandate.
(2) The Chairperson of the Commission must be qualified lawyer with a time of juridical service no
t less than 10 years and shall meet the requirements under Para 3.
(3) (Amend. – SG 17/21, in force from 26.02.2021) As Deputy-Chairman and Members of the Com
mission shall be elected Bulgarian citizens with higher juridical or economic education and a period of servi
ce not less than 5 years, with high professional ethical qualities who have not been convicted for premeditate
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.d crime of general nature. They cannot benefit in any form whatsoever from undertakings or to take other pa
id occupation, except for the cases they practice scientific, lecturing or arbitrary activity.
(4) (amend. – SG 54/10) The Chairperson, the Deputy Chairperson and the Members of the Commi
ssion shall take the oath under Art. 76, Para 2 of the Constitution of the Republic of Bulgaria .
(5) (amend. – SG 54/10) The Chairperson of Commission shall receive basic monthly salary amoun
ting to 90 percent of the basic monthly remuneration of the Chairperson of the National Assembly. The Dep
uty Chairperson shall receive basic monthly salary amounting to 95 percent, and the Members - 90 percent o
f the basic monthly salary of the Chairperson of Commission.
 
Termination of powers  
Art. 5. (1) (amend. – SG 54/10) Powers of the Chairperson, the Deputy Chairperson and the Memb
ers of Commission shall be terminated before expiration of their mandate:
1. upon their request;
2. due to impossibility to exercise their duties for more than six months;
3.due to incompatibility under Art. 4, Para 3  having occurred after the election;
4. (new – SG 42/09; amend. – SG 97/10, in force from 10.12.2010, amend. - SG 7/18) in case an ac
t, by which conflict of interests is established under the Act on Counteracting Corruption and on Seizure 
of Illegally Acquired Property ;
5. (previous item 4 – SG 42/09). in event of death.
(2) (amend. – SG 42/09) In the cases of Para 1, items 1, 2, 3 and 4 the powers shall be terminated b
y a decision of the National Assembly.
(3) Upon occurrence of a circumstance under Para 1, the Chairperson of the Commission shall infor
m the National Assembly. When the circumstance under Para 1 regards the Chairperson, notice can be made 
by any Member of the Commission.
(4) Within one-month period from receiving of notice of Para 3, the National Assembly shall take a 
decision to terminate the powers before the term of the mandate and shall elect a new Member of the Commi
ssion for the rest of the respective mandate period.
(5) (amend. – SG 54/10) Two months before the mandate of the Chairperson, the Deputy Chairpers
on and the Members of the Commission expires, the National Assembly shall elect new Chairperson, Deput
y Chairperson and Members.
(6) (amend. – SG 54/10) In event that the mandate of the Chairperson, the Deputy Chairperson and 
Members expires and the election under Para 5 is not executed, they shall continue to perform their powers u
ntil the new Members take position.
(7) (New – SG 17/21, in force from 26.02.2021) The powers of the members of the commission ma
y not be terminated on grounds related to the exact performance of their duties or the exercise of their power
s in the application of Art. 101 and 102 of the Treaty on the Functioning of the European Union.
 
Structure and activity  
Art. 6. (1) The structure and the activity of the Commission shall be settled by Regulations, which s
hall be promulgated in the State Gazette.
(2) Commission shall be assisted by administration in its activity.
 
Administration of the Commission  
Art. 7. (1) The body, structure, rights and obligations of the administration to the Commission shall 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.be determined by the Regulations of Art. 6, Para 1 .
(2) (New – SG 17/21, in force from 26.02.2021) For the effective implementation of its powers, the 
Commission shall have the necessary qualified staff, technical and technological resources.
(3) (Previous Para. 2 – SG 17/21, in force from 26.02.2021) The legal relationships with the servant
s of the administration shall arise under and shall be settled by the provisions of the Civil Servants Act  and 
of the Labour Code .
 
Competence  
Art. 8. (1) (Previous text of Art. 8 – SG 17/21, in force from 26.02.2021) The Commission for Prot
ection of Competition shall:
1. (amend. - SG 2/18) find infringements of this Act, as well as of Art. 101 and 102 of the Treaty o
n the Functioning of the European Union;
2. impose the sanctions provided for by the law;
3. (amend. - SG 2/18) find if infringement of this Act is not committed or if there is no ground to u
ndertake actions for committed infringement of Art. 101 and 102 of the Treaty on the Functioning of the Eur
opean Union;
4. (amend. – SG 17/21, in force from 26.02.2021) co-operate with the European Commission and th
e other national competition authorities of the Member States of the European Union, following the procedu
re of Regulation (EC) 1/2003, Regulation (EC) 139/2004, Regulation (EU) 2017/2394 in the case of mislead
ing advertising and unauthorized comparative advertising and with the European Commission and national l
aw enforcement authorities under Directive (EU) 2019/633 of the European Parliament and of the Council o
f 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food 
chain supply (OJ L 111/59 of 25 April 2019), hereinafter referred to as "Directive (EU) 2019/633";
5. issue the decisions provided for by the law;
6. propose to the competent State authorities and to the authorities of local government to repeal or 
amend issued by them administrative acts, which lead or could lead to prevention, restriction or distortion of 
competition;
7. impose temporary measures in the cases specified by the law;
8. (amend. - SG 2/18) approve entering into commitments by undertakings or shall impose measure
s for restoration of competition with regard to the undertakings, which behaviour is subject to investigation u
nder Art. 15 and 21 of this Act and/or under Art. 101 and 102 of the Treaty on the Functioning of the Europ
ean Union, as well as measures to preserve the competition under Art. 86 of this Act.
9. rules discontinuation of the breaches, including by way of imposing appropriate behaviour and/o
r structural measures for restoration of competition;
10. carry out sector analyses of competition environment
11. pronounce on other requests, connected with this Act;
12. interact with the State authorities, including the authorities of the executive power and the autho
rities of local government, as well as with institutions and non-governmental organizations by participation i
n project development and drafting of normative acts, stating opinions on projects and on effective and gene
ral administrative acts, information exchange and other forms of co-operation;
13. propose and arrange initiatives, connected with promotion of the competition rules;
14. adopt structural regulations and other instruments, provided for by the law;
15. maintain electronic register of issued acts.
(2) (New – SG 17/21, in force from 26.02.2021) The Commission shall exercise its powers under th
is act and shall apply Art. 101 and 102 of the Treaty on the Functioning of the European Union in accordanc
e with the European Union law and in compliance with its general principles and those of the Charter of Fun
damental Rights of the European Union.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Chairperson of the Commission  
Art. 9. (1) The Chairperson of the Commission shall:
1. represent the Commission or authorize persons to represent it;
2. organize and direct the activity of the Commission;
3. appoint and preside the sessions of the Commission;
4. approve the staff list of the administration to the Commission;
5. conclude, amend and terminate the labour and official legal relationships with the servants of ad
ministration;
6. organize and execute the Commission decisions which became effective;
7. (amend. – SG 17/21, in force from 26.02.2021) approves the Commission acts beyond the acts u
nder Art. 8, Para. 1, item 14 ;
8. execute the budget;
9. inform the public of the Commission activity through the mass media;
10. perform the international co-operation of the Republic of Bulgaria with international organizati
ons or authorities of other States in the field of protection of competition.
(2) (amend. – SG 54/10) When performing his/her functions, the Chairperson shall be assisted by th
e Deputy Chairperson. In those cases where the Chairperson is abroad or in legal leave, he/she shall delegate 
his/her powers to the Deputy Chairperson by an order regarding each individual case.
 
Conflict of interests  
Art. 10. (1) (New – SG 17/21, in force from 26.02.2021) The members of the Commission and the 
employees in its administration shall exercise their powers, respectively perform their duties, impartially and 
in the interest of the effective application of this Act and of Art. 101 and 102 of the Treaty on the Functionin
g of the European Union.
(2) (Previous Para. 1 – SG 17/21, in force from 26.02.2021) A Member of Commission or an office
r of its administration may not participate in a procedure under this Act, if he/she is interested in its decision 
or if there are reasonable doubts in his/her impartiality.
(3) (Previous Para. 2 – SG 17/21, in force from 26.02.2021) The Member of the Commission or the 
officer shall be striked off from the list upon his/her initiative or upon request of the parties.
(4) (New – SG 17/21, in force from 26.02.2021) Within one year from the date of termination of th
eir powers or their employment, the Members of the Commission and the employees of its administration m
ay not participate in pending proceedings under this Act, instituted during the performance of their powers o
r duties, in their capacity as authorized representatives of enterprises, nor may they be consultants in pendin
g proceedings under the act, otherwise this will be considered a conflict of interest with the previous functio
ns they have performed.
 
Professional secret  
Art. 11. (1) Members of the Commission and the officers of the administration shall not have the ri
ght to disclose information which represents a professional secret.
(2) (Suppl. – SG 17/21, in force from 26.02.2021) Disclosure of information, representing professio
nal secret, may be done by the Commission only in execution of its obligations of national authority on com
petition to a Member State of the European Union, under the procedure of Regulation (EC) 1/2003 and Regu
lation (EC) 139/2004 of a law enforcement body under Directive (EU) 2019/633 and of a competent body u
nder Art. 3, item 6 of Regulation (EU) 2017/2394.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Pecuniary liability  
Art. 12. Members of the Commission, as well as the officers of the administration to the Commissi
on shall incur pecuniary liability for damages caused in the course of fulfillment of the functions and exercis
ing the powers assigned to them by law, unless they have committed intentional indictable offense.
 
Budget of the Commission  
Art. 13. (1) (amend. SG 15/13, in force from 01.01.2014) The budget of the Commission shall be fo
rmed, executed and reported under the procedure of the Public Finances Act .
(2) To the budget of the Commission shall come revenues from:
1. fees and expenses under this Act, under the Public Procurement Act  and the Concessions Act ;
2. property sanctions and fines under Commission decisions, which became effective;
3. other sources from activities permitted by law.
(3) (revoked – SG 38/12, in force fro 01.07.2012)
(4) (revoked – SG 38/12, in force fro 01.07.2012)
(5) (New – SG 17/21, in force from 26.02.2021) When developing the budget forecast for the respe
ctive year, the Commission shall plan expenses in its budget, which allow it to conduct at any time an investi
gation for possible violations of Art. 101 and 102 of the Treaty on the Functioning of the European Union, o
f breaches under Regulation (EU) 2017/2394 in case of misleading advertising and unauthorized comparativ
e advertising and under Chapter Seven "b", as well as to carry out effective cooperation within the European 
Competition Network in view of the interaction provided for in Chapter Eleven of the Act with the European 
Commission and the competent national authorities under Regulation (EU) 2017/2394 in case of misleading 
advertising and unauthorized comparative advertising and with the European Commission and national law 
enforcement authorities under Directive (EU) 2019/633.
 
Annual report  
Art. 14. (1) Commission shall prepare annual report of its activity, which report it shall provide to t
he National Assembly not later than 30 May of the following year.
(2) Commission shall issue the annual report of Para 1 and shall publish it on its Internet site.
(3) (New – SG 17/21, in force from 26.02.2021) The annual report of the Commission under Para. 
1 in the part which contains the number of the received requests, the initiated and completed proceedings un
der Chapter Seven "b", shall be sent in advance to the European Commission not later than March 15 th of th
e following year. For each completed proceedings, the report shall contain a summary description of the cas
e and of the decision of the Commission in compliance with the requirements of Art. 55 and Art. 49, Para. 
3.
 
Division two.  
RESTRICTION OF COMPETITION  
Chapter three.  
PROHIBITED AGREEMENTS, DECISIONS AND CONCERTED PRACTICES  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.General Prohibition  
Art. 15. (1) Prohibited shall be all kinds of agreements between undertakings, decisions of associati
ons of undertakings, as well as concerted practices of two or more undertakings who aim at prevention, restr
iction or distortion of competition on the respective market by:
1. direct or indirect price- fixing or any other trading conditions;
2. sharing markets or sources of supply;
3. limitation or control of production, trade, technical development or investments;
4. application of dissimilar conditions to equivalent transactions with other trading parties, thereby 
placing them at competitive disadvantage;
5. making the conclusion of contracts subject to acceptance by the other parties of supplementary o
bligations or conclusion of supplementary contracts, which, by their nature or according to commercial usag
e, have no connection with the subject of the main contract or to its fulfilment.
(2) Any agreements and decisions under Para 1 shall be void.
 
Agreements of minor importance  
Art. 16. Prohibition imposed in Art. 15, Para 1  shall not apply to agreements, decisions and concer
ted practice of minor importance on the competition.
(2) The importance is considered minor when the total share of the undertakings, participants on the 
market of commodities and services, subject of the agreement, the decision or the concerted practice do not 
exceed:
1. ten percent on the respective market if the participants are competitors;
2. fifteen percent of each of the respective markets, if participants are not competitors.
(3) Provision of Para 1 shall not apply when the agreements, decisions or concerted practice have a
n aim at or result in:
1. direct or indirect fixing of prices;
2. allocation of markets and/or clients;
3. restriction on production and sales.
(4) For the application of Para. 2 and 3, the Commission shall adopt rules, which shall be published 
in the register under Art. 68, Para. 1 .
 
Exemption from the prohibition  
Art. 17. (1) Agreements, decisions and concerted practices as per Art. 15, Para 1  shall not be prohi
bited if they contribute to improvement of production or distribution of goods, providing of services or to pr
omoting the technical and/or economical progress, while allowing consumers a fair share of the resulting be
nefit and which:
1. do not impose on the participating undertakings restrictions, which are not indispensable to the at
tainment of these objectives, and
2. do not afford such undertakings the possibility to eliminate competition in a substantial share of t
he respective market.
(2) Burden to prove the circumstances under Art. 1 is an obligation of the undertakings and associat
ions of undertakings, who refer to them.
 
Block exemption from the prohibition  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 18. (1) Certain categories of agreements, decisions and concerted practices, which meet the req
uirements of Art. 17, may be exempted from the prohibition of Art. 15 by a decision of the Commission, w
hich shall not be subject to appeal. It shall be published at the register of Art. 68.
(2) If Commission finds in result of investigation that a concrete agreement, decision or concerted p
ractice fall within the scope of the decision under Para 1, do not comply with the requirements of Art. 17, it 
shall declare the decision for block exemption inapplicable to the concrete case, and shall not impose prescri
bed by the Law sanction for breach of Art. 15 and shall set a period, within which the parties shall bring the 
agreement in accordance with Art. 17 or shall terminate it.
(3) (amend. - SG 2/18) If Commission finds in result of investigation that a concrete agreement or c
oncerted practice have incompatible with Art. 101, Para 3 of the Treaty on the Functioning of the European 
Union effect in the territory of the country or in part of it, and have all indications of a separate geographic 
market, Commission shall declare provisions for block exemption from the prohibition of Art. 101, Para of t
he Treaty on the Functioning of the European Union of the respective European Union regulation inapplicab
le and shall set a period within which parties shall bring their agreement in accordance with the requirements 
of Art. 101, Para 1 of the Treaty on the Functioning of the European Union or shall terminate it.
 
Chapter four.  
ABUSE OF MONOPOLY OR DOMINANT POSITION  
Monopoly Position  
Art. 19. (1) Monopoly shall be the position of an undertaking, which, provided by law, has the excl
usive right to carry out concrete kind of business activity.
(2) Monopoly position may be granted only by a law in the cases of Art. 18, Para 4 of the Constit
ution of the Republic of Bulgaria .
(3) Any other granting of monopoly position beyond the cases of Para 2 shall be void.
 
Dominant Position  
Art. 20. Dominant is the position of an undertaking which, considering its market share, financial s
ources, abilities to access the market, technological level and economic relations with other undertakings ca
n impede competition on the respective market, since it is independent from its competitors, suppliers or buy
ers.
 
Prohibition of abuse of monopoly or dominant position  
Art. 21. Prohibited shall be behaviour of undertakings which take monopoly or dominant position, 
as well as of two or more undertakings of joint dominant position, which can lead to prevention, restriction o
r distortion of competition and impact the interests of consumers, by:
1. direct or indirect price- fixing or any other trading conditions;
2. limitation or control of production, trade and technical development or to detriment of customers
;
3 application of dissimilar conditions to equivalent transactions with other trading parties, thereby p
lacing them at competitive disadvantage;
4. making the conclusion of contracts subject to acceptance by the other parties of supplementary o
bligations or conclusion of supplementary contracts, which, by their nature or according to commercial usag
e, have no connection with the subject of the main contract or to its fulfilment.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.5. ungrounded refusal to deliver goods or to provide service to a real or potential client, on order to 
hinder the performed by them business activity.
 
Chapter five.  
CONTROL OF CONCENTRATIONS BETWEEN UNDERTAKINGS  
Definition  
Art. 22. (1) Concentration between undertakings arises in event of change of control on a lasting ba
sis results:
1. from consolidation or merger of two or more previously independent undertakings, or
2. if one or more persons, already controlling at least one undertaking, whether by purchase of secu
rities, shares or assets, by contract or by any other means, acquire direct or indirect control of the whole or p
arts of one or more other undertakings.
(2) The creation of a joint venture, performing on a lasting basis all functions of an economically au
tonomous entity shall be considered concentration within the meaning of Para 1.
(3) Control shall be constituted by obtaining rights, concluding contracts or any other means which, 
either separately or in combination and having regard to the considerations of fact or law involved, confer th
e possibility of exercising decisive influence on an undertaking, in particular by obtaining:
1. ownership or the right to use all or part of the assets of an undertaking;
2. rights, including on the base of a contracts, which confer decisive influence on the composition, 
voting or decisions of the organs of an undertaking.
 
Exceptions  
Art. 23. Concentration shall not be deemed to arise, where:
1. credit institutions or other financial institutions or insurance companies, the normal activities of 
which include transactions and dealing in securities for their own account or for the account of others, hold o
n a temporary basis securities which they have acquired in an undertaking with a view to reselling them, pro
vided that they:
(a) do not exercise voting rights in respect of those securities with a view to determining the compe
titive behaviour of that undertaking, or
(b) they exercise such voting rights only with a view to preparing the disposal of those securities an
d that any such disposal takes place within one year of the date of acquisition;
2. control is acquired by a person, who according to the effective law, executes functions relating to 
liquidation or insolvency of the undertaking;
3. the operations referred to in Art. 22, Para 3  are carried out by financial holding companies provi
ded however that the voting rights in respect of the holding are exercised only to maintain the full value of t
hose investments and not to determine directly or indirectly the competitive conduct of those undertakings, 
where the holding participates.
 
Obligation for prior notice  
Art. 24. (1) Concentrations shall be subject to prior notice to the Commission, if the amount of the 
aggregate turnover of all of the undertakings-participants in the concentration in the territory of the Republic 
of Bulgaria for the previous financial year exceeds 25 million BGN, and:
1. (amend. – SG 17/21, in force from 26.02.2021) the aggregate turnover of each or of at least of on
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.e of the undertakings – participants in the concentration in the territory of the Republic of Bulgaria for the pr
eceding financial year exceeds 3 million BGN, or
2. (amend. – SG 17/21, in force from 26.02.2021) the aggregate turnover of the undertaking – objec
tive of acquisition in the territory of the Republic of Bulgaria exceeds 3 million BGN for the preceding finan
cial year.
(2) The undertakings shall be obliged to notify the Commission of the concentration following the c
onclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest, b
ut before any real operation executing the transaction. In certain cases, upon request of the parties, Commiss
ion may make appraisal of the concentration before conclusion of the agreement or before the public announ
cement of the bid, if the parties provide Commission with sufficient evidence of good faith intention to conc
lude an agreement or, in the case of a public bid, where they have publicly announced an intention to make s
uch a bid
 
Calculation of turnover  
Art. 25. (1) Aggregate turnover within shall comprise the amounts derived by the undertakings-part
icipants in the preceding financial year from the sale of products and goods and the provision of services fall
ing within the undertakings' ordinary activities after deduction of sales rebates and of value added tax and ot
her taxes directly related to turnover. The aggregate turnover of an undertaking concerned shall not include t
he sale of products and goods or the provision of services between any of the undertakings belonging to one 
and the same economic group.
(2) Where the concentration consists of the acquisition of a part of parts of one or more undertaking
s, whether or not constituted as separate legal entities, of one or more undertakings, only the turnover relatin
g to the parts which are the subject of the concentration shall be taken into account.
(3) Turnover within the meaning of this Article is:
1. for credit institutions and other financial institutions, the sum of the following income items, afte
r deduction of value added tax and other taxes directly related to those items, where appropriate:
a) interest income and similar income;
b) income from securities: income from shares and other variable yield securities, income from part
icipating interests, income from shares in affiliated undertakings;
c) commissions receivable;
d) net profit on financial operations;
e) other operating income;
the turnover of a credit or financial institution in the Republic of Bulgaria shall comprise the incom
e items which are received by the branch or division of that institution established in the Republic of Bulgari
a;
2. for insurance undertakings, the value of gross premiums written which shall comprise all amount
s received and receivable in respect of insurance contracts issued by or on behalf of the insurance undertakin
gs, including also outgoing reinsurance premiums, and after deduction of taxes and contributions or levies c
harged by reference to the amounts of individual premiums or the total volume of premiums;
(4) The aggregate turnover of the participating undertaking shall be calculated by adding together t
he respective turnovers of the following:
1. the participating undertaking concerned;
2. those undertakings controlled by the participating undertaking directly or indirectly as per Art. 2
2, Para 3  ;
3. the undertakings, controlling directly or indirectly the participating undertaking as per Art. 22, Pa
ra 3;
4. other undertakings, controlled directly or indirectly as per Art. 22, Para 3 by an undertaking, cont
rolling the respective participating undertaking,;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.5. the undertakings, which are controlled jointly by the undertakings referred in items 1-4.
(5) Where some of the referred to in Para 4, item 1-4 undertakings exercises control jointly over an
other undertaking, when calculating the aggregate turnover of the undertakings concerned:
(a) no account shall be taken of the turnover resulting from the sale of products or the provision of s
ervices between the joint undertaking and each of the undertakings referred to in Para 4, items 1- 4;
(b) account shall be taken of the turnover resulting from the sale of products and the provision of se
rvices between the joint undertaking and any third undertakings; this turnover shall be apportioned equally a
mongst the undertakings exercising joint control.
 
Assessment and permission to concentrate (Title amend. – SG 17/21, in force from 26.02.2021
) 
Art. 26. (1) (New – SG 17/21, in force from 26.02.2021) Concentration, subject to notification purs
uant to Art. 24, Para. 1 , shall be assessed in order to determine its effect on competition in the respective m
arket.
(2) (New – SG 17/21, in force from 26.02.2021) In assessing the concentration, the Commission sh
all take into account the need to maintain and develop competition in the relevant market, taking into accoun
t circumstances such as structure of the respective markets and of the actual and potential competition betwe
en the enterprises located inside and outside the European Union, respectively the Republic of Bulgaria, the 
position of the enterprises on the respective markets before and after the concentration, the economic and fin
ancial strength of the parties to the concentration, of the buyer’s strength, possible alternatives for the choice 
of suppliers and customers, their access to supplies or markets, technical and economic progress providing b
enefits to consumers as a result of concentration , trends in supply and demand of relevant goods and service
s, consumer interests, legal, administrative, economic or other barriers to entry in the relevant markets, as we
ll as other circumstances relevant to the particular case.
(3) (New – SG 17/21, in force from 26.02.2021) Upon the establishment of a joint venture within th
e meaning of Art. 22, Para. 2 , it shall be assessed whether the concentration has as its object or result the co
ordination of the competitive behaviour of those enterprises which remain independent.
(4) (Previous Para. 1, amend. – SG 17/21, in force from 26.02.2021) The Commission shall authori
ze the concentration, if it does not lead to a significant impediment to effective competition on the respective 
market, especially as a result of the creation or strengthening of a dominant position.
(5) (Previous Para. 2, amend. – SG 17/21, in force from 26.02.2021) The Commission may authoriz
e a concentration which, even if it leads to a significant impediment to the effective competition of the relev
ant market, especially as a result of establishing or strengthening of a dominant position, aims at modernizin
g the relevant economic activity, improving market structures, better satisfying the consumer interests and, i
n general, the positive effect outweighs the negative impact on competition in the relevant market.
 
Chapter six.  
SECTOR ANALYSES AND ADVOCACY FOR COMPETITION  
Sector analyses of competition environment  
Art. 27. (1) Commission shall carry out sector analysis in the cases, where the competition in a con
crete sector, branch, sub-branch or region could be prevented, restricted or distorted.
(2) Within the scope of the analysis under Para 1, Commission may determine the relevant markets 
and inspect their characteristics and structure, barriers to entry, the degree of market concentration, the dyna
mic in the sector, the legal frame, self-regulations and make conclusions on the status of the competition env
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ironment.
 
Advocacy for competition  
Art. 28. In order to protect the initiative in the business activity and to prevent restriction and distor
tion of competition, Commission shall carry out assessment of the compliance to the provisions of this Act o
f:
1. drafts of normative or normative administrative and general administrative acts;
2. effective normative or normative administrative and general administrative acts
3. drafts of acts of associations of undertakings, which regulate activity of their members.
 
Chapter seven.  
PROHIBITION OF UNFAIR COMPETITION  
General prohibition  
Art. 29. Prohibited shall be every activity or lack of activity in carrying out economic operations w
hich contradicts the good will trade practices and harms or could harm the interests of the competitors.
 
Harming the good name of the competitors  
Art. 30. Prohibited shall be harming the good name and the trust in the competitors, as well as of th
e goods and services offered by them by stating or spreading false information, as well as by presentation of 
facts in distorted manner.
 
Misleading  
Art. 31. (1) Prohibited shall be misleading regarding substantial qualities of the goods and services 
or regarding the way of using the commodities or providing the services through stating false information or 
through extortion of facts.
 
Prohibition of misleading and comparative advertising  
Art. 32. (1) Prohibited shall be the misleading advertising, as well as the forbidden comparative adv
ertising.
(2) The advertiser and the advertising agency, who prepared the advertisement, shall bear liability f
or misleading or forbidden comparative advertisement.
 
Misleading advertising  
Art. 33 (1) Misleading shall be any advertisement, which in any manner, including in the manner of 
its presentation, misleads, or could mislead persons, to whom it is addressed or who achieves, and due to thi
s it may influence their economical behaviour or for these reasons harms or may harm a competitor.
(2) When considering the advertising misleading, following shall be taken in view:
1. characteristics of goods and services, such as: availability, kind, manufacture, composition, mann
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.er and date of production of goods and provision of services, fitness to use, manners of usage, quantity, geog
raphical or trade origin, expected results and substantial characteristics from testing the goods and services;
2. the price and manner of its formation and conditions of delivery of goods and performance of ser
vices;
3. data about the advertiser and the advertising person, such as : name or firm, address or seat, addr
ess of management, assets, intangible rights or obtained awards and honours.
 
Comparative advertising  
Art. 34. (1) Comparative advertising shall be any advertising which directly or indirectly identifies t
he competitor or offered by the competitor goods or services.
(2) Comparative advertising shall be allowed if:
1. is not misleading in the meaning of Art. 33 of this Act and does not constitutive unfair trade prac
tice in the meaning of Art. 68e, Art. 68f, Art. 68g of the Costumers Protection Act ;
2. compares goods and services, which satisfy one and the same needs or are designed for one and t
he same purpose;
3. compare impartially one or more typical characteristics of the goods and the services, which are s
ubstantial, comparable and representative for these goods and services, including their purposes;
4. does not lead to mistaking of the advertiser to his competitors or trademarks, trade names, other 
distinctive features, goods or services of the advertiser to these of his competitors;
5. does not lead to libelling or harming trademarks, trade names or other distinctive attributes, good
s, services, activities or position of the competitors;
6. compares goods of one and the same name and origin;
7. does not obtain unfair advantage from the popularity of trade mark, trade name or other distinctiv
e attributes of the competitors or from the name of origin of competitive goods;
8. does not promote goods and services as imitation or copy of goods or services of registered trade 
mark or name.
(3) (Amend. – SG 17/21, in force from 26.02.2021) For assessment if a comparative advertisement 
is allowed, in addition to the circumstances under Para 2, also the provisions of Regulation (EU) № 1151/2
012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for a
gricultural products and foodstuffs (OJ L 343/1 of 14 December 2012) shall be taken in view.
 
Art. 34a. (New – SG 17/21, in force from 26.02.2021) Misleading advertising and unauthorized co
mparative advertising falling within the scope of Regulation (EU) № 2017/2394 shall be infringements 
within the European Union, widespread infringements or widespread infringements with a Union di
mension.
 
Imitation  
Art. 35. (1) Prohibited shall be offering or advertisement of goods or services with appearance, pac
king, marking, name or other attributes which mislead or could mislead regarding their origin, the producer, 
the seller, the way and the place of production, the source and the place of acquisition or using, the consume
r qualities and other substantial characteristics of the goods or service.
(2) Prohibited shall be usage of firm, mark or geographical indication, identical or similar to those o
f other persons, in a way which could lead to harming the interests of the competitors.
(3) Prohibited shall be usage of a domain or external design of an Internet page, identical or similar 
to these of other persons, in a manner, which can lead to misleading and/or harm the interests of competitors
Източник: Правно-информационни системи "Сиела" 12.07.2022 г..
 
Unfair attraction of customers  
Art. 36. (1) Prohibited shall be the unfair competition aimed at attracting customers, as a result of w
hich concluded contracts of competitors are terminated or broken, or conclusion of contracts with competitor
s is prevented.
(2) Prohibited shall be offering or attachment of extras to the sold commodity or service gratuitousl
y or against fictitious price of other commodity or service with the exception of: advertising objects of insig
nificant value and with clearly stated statement of the advertising undertaking; subjects or commodities whic
h, according to the trade practice belong to the sold commodity or offered sale; commodities or services as a 
discount in the sale of bigger quantities.
(3) (Amend. – SG 17/21, in force from 26.02.2021) Prohibited shall be sale, when together with it i
s offered or promised something obtaining of which depends on: solving puzzles, tasks, answering questions
, riddles; collection of series of coupons and other similar; games with cash or material awards, whose value 
considerably exceeds the price of the sold commodity or service. Commission, on the grounds of Art. 8, Par
a. 1, item 14  shall adopt rules by which shall determine in which cases the promised award exceeds signific
antly the price of sold goods or service.
(4) (Amend. – SG 17/21, in force from 26.02.2021) Prohibited shall be to sell goods or offer servic
es on the domestic market in significant quantities for a long period of time at prices lower than the costs of 
production and sale of goods, respectively the costs of selling the services, with the purpose of unfair attracti
on of customers.
 
Prohibition for disclosure of manufacture or trade secrets  
Art. 37. (1) Prohibited shall be acquisition, usage and disclosure of manufacturing or trade secrets i
n contradiction to the fair trade practice.
(2) Prohibited is the using or divulging of manufacturing or trade secrets when is acquired on condi
tion not to be used or disclosed.
 
Chapter seven "a".  
ABUSE OF A STRONGER POSITION IN NEGOTIATIONS (NEW - SG %^/!%, REPEALED – SG 
17/21, IN FORCE FROM 26.02.2021)  
Art. 37a. (new – SG 56/15, repealed – SG 17/21, in force from 26.02.2021)
 
Chapter seven "b".  
UNFAIR TRADING PRACTICES IN THE AGRICULTURAL AND FOOD PRODUCTS SUPPLY C
HAIN (NEW - SG 17/21, IN FORCE FROM 01.11.2021)  
Absolute prohibitions  
Art. 37b. (New – SG 17/21, in force from 01.11.2021) (1) Prohibited shall be unfair trading practic
es in the relationships between buyers and suppliers in the agricultural and food products supply chain such 
as:
1. payment from buyer to supplier:
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.a) later than 30 days after the expiry of the agreed delivery period in which the deliveries were mad
e, or later than 30 days after the date of determination of the amount payable for that delivery period, whiche
ver date comes later - under contracts for regular supply of perishable agricultural and food products and oth
er agricultural and food products;
b) later than 30 days after the date of delivery or later than 30 days after the date of determination o
f the amount payable, from a later date - under contracts which do not provide for regular delivery of perisha
ble agricultural and food products and of other agricultural and food products;
2. buyer’s refusal of orders for perishable agricultural and food products with less than 30 days’ not
ice, so that the supplier cannot reasonably be expected to find another way for commercial sale or use of the
se products;
3. a one-sided change by the buyer of conditions under the supply contract, related to the frequency, 
method, place, time or volume of delivery or supply, quality standards, terms of payment or prices, term, as 
well as with regard to the provision of services, referred to in Art. 37c;
4. request of the buyer from the supplier of payments which are not related to the sale of agricultura
l and food products of the supplier;
5. buyer’s request for payment from the supplier in case of deterioration of the quality, scrapping an
d/or shortages of agricultural and food products, which have occurred on the premises of the buyer or after t
he ownership has been transferred to the buyer, when this is not due to reasons, for which the supplier is res
ponsible for;
6. refusal by the buyer to confirm in writing the terms of the contract, for which the supplier has req
uested written confirmation, except in cases where the supply contract relates to the supply of products by a 
member of a producer’s organization, including a cooperative, of a producer’s organization of which the sup
plier is a member, if the memorandum of that producer’s organization or the rules and decisions, laid down i
n or deriving from the memorandum of association, contain provisions with effect similar to those of the ter
ms of the supply contract;
7. illegal acquisition, use or disclosure by the buyer of a trade secret of the supplier within the mean
ing of the Trade Secret Protection Act ;
8. warning by the buyer to take retaliatory commercial actions against the supplier or taking such ac
tions, if the supplier exercises his contractual or legal rights, including by filing a complaint or cooperating i
n an investigation under this Chapter;
9. a request from the buyer to the supplier for compensation for the costs of handling customer com
plaints related to the sale of the supplier's products, although there is no reason to engage the supplier's liabil
ity;
10. prohibition or restriction by the buyer of the supplier under the contract to offer or purchase goo
ds or services to or from third parties;
11. prohibition, restriction or imposition of sanctions by the buyer on the supplier under the contrac
t for providing the same or better commercial conditions to third parties;
12. unilateral and unjustified termination of the contract by the buyer or termination without notice 
within a reasonable time, sufficient for the supplier to cover its investment costs and in view of the previous 
trade relations of the parties to the contract.
(2) For the purposes of the terms for payment, the agreed terms for delivery under Para. 1, item 1, l
etter "a" in any case shall not be longer than one month.
(3) In the cases under Para. 1, item 1, the date of issuance of the invoice or the date of its receipt by 
the buyer shall be considered the date of determination of the amount payable. When the amount payable is 
determined by the buyer, the terms for payment, specified in Para. 1, item 1, letter "a", shall start running fro
m the expiration of the agreed term for delivery, in which the deliveries have been made, and the terms for p
ayment under Para. 1, item 1, letter "b" shall start running from the date of delivery.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Conditional prohibitions  
Art. 37c. (New – SG 17/21, in force from 01.11.2021) (1) Except when having been previously agr
eed between the parties with clear and unambiguous conditions in the contract for supply of agricultural and 
food products or in a subsequent agreement between the supplier and the buyer, prohibited for application sh
all be commercial practices such as:
1. return by the buyer of unsold products, without him having paid for them and/or for their disposa
l;
2. payment by the supplier to the buyer as a condition for the storage, display or inclusion in the pro
duct range of his products or the offering of such on the market;
3. request from the buyer for payment by the supplier of all or part of the costs for reduced prices of 
agricultural and food products, sold by the buyer within the promotion, unless before the promotion, which i
s made at the initiative of the buyer, the buyer has specified the term of the promotion and the expected quan
tities of agricultural and food products to be ordered at reduced prices;
4. request from the buyer for payment by the supplier of buyer’s advertising activities;
5. request from the buyer for payment by the supplier of buyer’s marketing activities;
6. payment by the supplier to the buyer for equipment and/or maintenance of premises used for the 
sale of the products;
7. request from the buyer for payment by the supplier of transport and/or logistic costs;
8. request from the buyer for reduction of prices of products with retroactive effect directly or by ap
plying unjustified discounts, bonuses and fees, or provided services.
(2) When the buyer requires payment in the cases under Para. 1, items 2, 3, 4, 5, 6 and 7, he shall su
bmit to the supplier at his request an estimate in writing for the payments per unit of goods or the total amou
nt of the payments, as the case may be. In the cases under Para. 1, items 2, 4, 5, 6 and 7, the buyer shall sub
mit in writing an estimate of the supplier's costs, as well as information on what this calculation is based on.
 
Scope of prohibitions on unfair commercial practices  
Art. 37d. (New – SG 17/21, in force from 01.11.2021) (1) The prohibitions under Art. 37b and 37c 
shall apply to unfair commercial practices related to the sale of agricultural and food products by:
1. a supplier, who has an annual turnover not exceeding BGN 3,911,000, to a buyer who has an ann
ual turnover exceeding BGN 3,911,000;
2. a supplier, who has an annual turnover greater than BGN 3,911,000 and less than BGN 19,558,0
00, to a buyer who has an annual turnover greater than BGN 19,558,000;
3. a supplier, who has an annual turnover greater than BGN 19,558,000 and less than BGN 97,791,
000, to a buyer who has an annual turnover greater than BGN 97,791,000;
4. a supplier who has an annual turnover greater than BGN 97,791,000 and less than BGN 293,374,
000 to a buyer who has an annual turnover greater than BGN 293,374,000;
5. a supplier who has an annual turnover greater than BGN 293,374,000 and less than BGN 684,54
0,000 to a buyer who has an annual turnover greater than BGN 684,540,000;
6. a supplier, whose annual turnover does not exceed BGN 684,540,000, to a buyer who is a public 
body.
(2) The annual turnover under Para. 1 shall be determined in accordance with Art. 4, 4b and 4d of t
he Small and Medium Enterprises Act , including according to the definitions for independent enterprise, f
or partner enterprises and related enterprises, and other applicable provisions related to the annual turnover o
f the same act.
(3) The annual turnover of an enterprise-supplier and buyer, shall include the net amount of the rev
enues from the usual activity of the enterprise during the previous financial year.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Exceptions  
Art. 37e. (New – SG 17/21, in force from 01.11.2021) (1) The prohibition under Art. 37b, Para. 1, 
item 1 shall not affect:
1. the consequences of overdue payments and the means for legal protection, provided in Art. 303a  
and 309a of the Commerce Act ;
2. negotiation between a buyer and a supplier of a clause for sharing the value in the sense of Art. 1
72a of Regulation (EU) № 1308/2013 of the European Parliament and of the Council of 17 Decembe
r 2013 establishing a common organization of the markets in agricultural products and repealing R
egulations (EEC) № 922/72, (EEC) № 234/79, (EC) № 1037/2001 and (EC) № 1234/2007 (OJ L 3
47/671 of 20 December 2013), hereinafter referred to as "Regulation (EU) № 1308/2013".
(2) The prohibition under Art. 37b, Para. 1, item 1  shall not apply to payments:
1. from a buyer to suppliers within the Fruit and Milk School Scheme according to Art. 23 of Regul
ation (EU) № 1308/2013;
2. from the medical establishments under Art. 5, Para. 1 of the Medical Establishments Act  and t
he state medical establishments-commercial companies, in respect of which apply the terms for payment und
er Art. 3, Para. 6 of the Medical Establishments Act ;
3. under contracts between suppliers of grapes or grape must for the production of wine, and their d
irect purchasers, provided that:
a) the specific terms of payment are included in the standard contracts, which are declared mandato
ry according to Art. 164 of Regulation (EU) № 1308/2013 and that this extension of the scope of stan
dard contracts to other operators is renewed from that date without significant changes to the term
s of payment to the detriment of suppliers of grapes or grape must, and
b) the contracts are multi-annual or become multi-annual.
(3) The prohibitions under Art. 37b and 37c shall not apply to contracts between suppliers and con
sumers.
 
Protection under different order  
Art. 37f. (New – SG 17/21, in force from 01.11.2021) The initiation of proceedings under this Chap
ter shall not be an obstacle for each of the parties to the supply contract to protect its rights under another est
ablished procedure.
 
Division three.  
PROCEDURE  
Chapter eight.  
GENERAL PROVISIONS  
Grounds for initiation of procedure  
Art. 38. (1) The procedure before Commission shall be initiated upon:
1. decision of the Commission;
2. request of a prosecutor;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.3. request of the persons, whose interests are impacted or endangered by infringement of this Act;
4. request for exemption from sanction;
5. request of the persons, whose interests are impacted by acts, issued in contradiction to this Act;
6. notice of permitted concentration of undertakings;
7. request of another national authority on competition of a Member State of the European Union or 
of the European Commission under Art. 20, paragraph 5 and Art. 22 of Regulation (EC) 1/2003, as well as u
nder Art. 12 and Art. 13, paragraph 5 of Regulation (EC) 139/2004;
8. request for opinion of a State authority, including an executive authority or authority of local gov
ernment;
9. (new – SG 17/21, in force from 26.02.2021) request from suppliers of agricultural and food prod
ucts, from organizations of agricultural producers, from suppliers' organizations or associations of such orga
nizations at the request of one or more of their members or one or more of the members of their member org
anizations, including from other organizations with a legal interest to represent suppliers at the request of an
d in the interest of a supplier, provided that such organizations are non-profit legal entities.
(2) In case that admitted irregularities are found, further proceedings on the request or the notice sh
all not be carried out and a writ to remove irregularities within a 7-days period shall be served on the applica
nt or on the notifying person. If they are not removed within the term, the Chairperson of Commission shall 
refuse initiation of a procedure by a resolution.
(3) (Amend. – SG 17/21, in force from 26.02.2021) The request under Para 1, item 4 shall be submi
tted in a form, approved by the decision of the Commission under Art. 101, Para 6 . Identity of the applicant 
shall be kept in secret.
(4) (New – SG 17/21, in force from 26.02.2021) When the Commission has been alerted with a req
uest under Para. 1, items 2, 3, 4 and 9, the chairman, with a motivated order, may refuse to initiate proceedin
gs, if the case does not fall within the scope of the priorities for law enforcement, determined by rules adopte
d by the Commission and published on its website.
(5) (New – SG 17/21, in force from 26.02.2021) The order under Para. 4 shall be subject to appeal 
by the order of Art. 64, Para. 3 .
 
Preliminary investigation  
Art. 38a. (New – SG 17/21, in force from 26.02.2021) (1) The Commission may carry out a prelimi
nary investigation into received requests under Art. 38, Para. 1, items 2 - 4 and item 9 , on received signals 
and on other issues within its competence.
(2) In the preliminary investigation, the Commission shall have the powers under Art. 45, items 1, 
2 and items 5 - 7 .
 
Initiation of procedure  
Art. 39. (1) The Chairperson of the Commission shall initiate procedure by a resolution and shall de
termine a Member of the Commission, who shall monitor the investigation.
(2) The Chairperson, by an order, shall determine working team from the body of administration, w
ho shall carry out the investigation
 
Suspension of the procedure  
Art. 40. (1) Commission, by a ruling, may suspend the procedure, if its final decision depends on a 
decision on a matter or a dispute within the competence of another authority.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) Commission, by a ruling, may also suspend the procedure in the cases under Art. 13 of Regulati
on (EC) 1/2003 and under Art. 22, paragraph 2 of Regulation (EC) 139/2004.
(3) (Amend. - SG 77/18, in force from 01.01.2019, amend. – SG 17/21, in force from 26.02.2021) 
Rulings referred hereto in Para 1 and Para. 2, proposal one shall be subject to appeal under the procedure of 
Art. 64, Para 3 .
(4) Procedure concerned shall be renewed by a ruling ex officio or upon a request of one of the part
ies, after the bars for further proceedings are removed.
 
Termination of procedure  
Art. 41. Procedure shall not be initiated, and a procedure if initiated shall be terminated by a decisio
n of the Commission:
1. if Commission is not competent to pronounce on the matter;
2. if the limitation period fixed by law has expired;
3. in the cases of Art. 11, paragraph 6 and Art. 13 of Regulation (EC) 1/2002 and of Art. 22, paragr
aph 3 of Regulation (EC) 139/2004;
4. if the notifying person or the defendant party are deleted, cannot be found or do not exist;
5. if the notifying person withdraws the request to permit concentration;
6. in the cases of Art. 75, Para 2 .
 
Limitation period  
Art. 42. (1) Limitation period for infringements under this Act is:
1. three years – for infringement of provisions, related to inquires of information or connected with 
them inspections;
2. five years – for the all other infringements;
(2) The limitation period shall start run from the day of commitment of the infringement, and in cas
e of durable infringement – from the day, on which the commitment is discontinued.
(3) (Amend. – SG 17/21, in force from 26.02.2021) With the initiation of procedure of findings of i
nfringement by the Commission, the limitation period as per Para 1 shall be interrupted.
(4) During the procedure and till decision of the Commission enters into effect, limitation period sh
all not run.
(5) (New – SG 17/21, in force from 26.02.2021) The statute of limitations for the Commission to es
tablish a violation and impose sanctions for violation under Art. 101 or 102 of the Treaty on the Functioning 
of the European Union shall be suspended during enforcement proceedings before a national competition aut
hority of another Member State of the European Union, or the European Commission in connection with a v
iolation affecting the same agreement, a decision of an association of undertakings or concerted practice or o
ther conduct prohibited by Art. 101 and 102 of the Treaty on the Functioning of the European Union.
(6) (New – SG 17/21, in force from 26.02.2021) The suspension of the limitation period under Para
. 5 shall be carried out by notifying at least one undertaking, against which the proceedings have been institu
ted under this act, for the first official action of the investigation. The suspension of the limitation period sha
ll apply to all undertakings or associations of undertakings which have participated in the violation.
(7) (New – SG 17/21, in force from 26.02.2021) In the cases under Para. 5, the new limitation perio
d shall begin to run from the day on which the decision of the relevant national competition authority or of t
he European Commission enters into force, establishing a violation, imposing a sanction or approving comm
itments taken, or declaring that there are no grounds for taking any action.
(8) (New – SG 17/21, in force from 26.02.2021) The notification of the first formal investigation ac
tion, received by a national competition authority pursuant to Art. 11, paragraph 3 of Regulation (EC) № 1/
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.2003, shall be made available to the other national competition authorities within the European Co
mpetition Network.
(9) (Prev. Para 5 - SG 17/21, in force from 26.02.2021) The Commission shall monitor the limitatio
n period ex officio.
 
Participants of procedure  
Art. 43. (1) Parties to the procedure before Commission shall be the persons, upon whose request or 
notice the procedure is initiated, as well as the persons, about whom is stated that have committed infringem
ent of this Act.
(2) Commission may constitute interested persons upon their reasoned request:
1. in any moment of the procedure under Chapter Nine and Chapter Twelve;
2. within a period of 30 days from the day of publication of the decision to start the detailed investi
gation of concentration under Chapter 10.
 
Investigation  
Art. 44. (1) Investigation shall be carried out by the working team determined as per Art. 39, Para 
2, and shall be monitored by a Member of Commission, who, if necessary, gives instructions.
(2) Investigation shall be carried out observing provisions of this Chapter and of Chapters Ten, Ele
ven and Twelve.
(3) Investigation and assessment of the undertakings on the relevant market shall be done in compli
ance to an adopted by the Commission methodology.
 
Investigation Powers  
Art. 45. During investigation, the monitoring Member of Commission and the working team determ
ined under Art. 39, Para 2  shall have the power to:
1. inquire information and material, written, digital and electronic evidence, irrespective if the carri
er on which they are saved;
2. take oral or written explanations;
3. carry out inspections on spot;
4. assign expertise to external experts;
5. require information or co-operation from other national competition authorities of the Member St
ates of the European Union, as well as from the European Commission;
6. (new – SG 17/21, in force from 26.02.2021) require information and assistance from law enforce
ment authorities of the Member States of the European Union and the European Commission in the exercise 
of powers in cross-border investigations in the field of unfair commercial practices;
7. (new – SG 17/21, in force from 26.02.2021) require information and assistance from other comp
etent national authorities, from the competent authorities of the Member States of the European Union, and f
rom the European Commission in the order of Regulation (EU) 2017/2394.
 
Obligation to assist  
Art. 46. (Amend. – SG 17/21, in force from 26.02.2021) All natural and legal entities, including un
dertakings, associations of undertakings, State authorities or authorities of the local government, non-govern
mental organizations and the National Statistical Institute shall be obliged to assist the Commission for exec
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ution of its powers under this Act, as well as under Regulation (EC) 1/2003, Regulation (EC) 139/2004 and 
Regulation (EU) 2017/2394.
 
Collection of information  
Art. 47. (1) (Amend. – SG 17/21, in force from 26.02.2021) Persons, from which assistance under t
his Act, as well as under Regulation (EC) 1/2003, Regulation (EC) 139/2004 and Regulation (EU) 2017/239
4, is required, may not refer to production, trade or any other secrets protected by law.
(2) If information contains data, which is classified information, procedure provided in the Protecti
on of Classified Information Act shall be applied;
(3) (amend. - SG 17/19) If the information contains personal data, procedure provided in the protect
ion of personal data shall be applied.
(4) Persons, from whom information is required, shall submit it within a determined by the Commis
sion period.
(5) (New – SG 17/21, in force from 26.02.2021) Persons who have been requested to give verbal or 
written explanations shall appear before the Commission within the specified time limit.
(6) (Previous Para. 5 – SG 17/21, in force from 26.02.2021) Information which is provided by the p
ersons in the course of proceedings, shall be complete, true and not misleading.
(7) (Previous Para. 6 – SG 17/21, in force from 26.02.2021) Commission may assume facts, regardi
ng which the party or the interested person obstructed collection of information, proved.
(8) (New – SG 17/21, in force from 26.02.2021) The obligation to provide information in the proce
edings under Art. Articles 101 and 102 of the Treaty on the Functioning of the European Union shall refer to 
information that is normally available to persons.
 
Usage of the information  
Art. 48. (1) (Previous text of Art. 48 – SG 17/21, in force from 26.02.2021) Any information, collec
ted in the course of procedure, may be used for the purposes of this Act only.
(2) (New – SG 17/21, in force from 26.02.2021) The parties may use the information contained in t
he materials collected in connection with the immunity from and reduction of a sanction under Art. 101, onl
y when this is necessary in order to exercise their right to defense in proceedings for judicial control of a dec
ision by which the Commission has established a violation under Art. 15 or 21 of this act and/or under Art. 1
01 or 102 of the Treaty on the Functioning of the European Union.
(3) (New – SG 17/21, in force from 26.02.2021) Information, prepared by persons who are not parti
es to the proceedings under Chapter Nine and provided specifically for its purposes, as well as information, 
prepared and sent to the parties by the Commission in the course of the proceedings, may not be used by the
m in court proceedings before the Commission has concluded the proceedings with a decision in respect of a
ll parties.
 
Taking of oral explanations  
Art. 49. (1) Oral explanations shall be taken in the course of investigation and shall be recorded int
o a protocol by the working team.
(2) The protocol shall be signed by the person who gave explanations, as well as by the proceedings 
working team.
(3) In case infringement under this Act is committed to a person who has given explanations or pro
vided data, and sufficient grounds to presume that revealing his identity could lead to serious negative conse
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.quences for the exercised by him activity or to his person, Commission shall take measures to keep in secret 
his identity, following procedure provided in internal rules, adopted by the Commission.
 
Inspections on spot  
Art. 50. (1) (Amend. and suppl. – SG 17/21, in force from 26.02.2021) The Commission may carry 
out all kinds of unannounced on-the-spot checks of undertakings, associations of undertakings or buyers of a
gricultural and food products after permission under Art. 51 is obtained.
(2) For the inspections of Para 1, the servants determined by an order of the Chairperson of the Co
mmission, shall have the power to:
1. (amend. – SG 17/21, in force from 26.02.2021) enter the premises, vehicles and other sites used 
by the undertakings, associations of undertakings or buyers of agricultural and food products;
2. (amend. – SG 17/21, in force from 26.02.2021) inspect all documents and records, connected wit
h the activity of the undertakings, associations of undertakings or buyers of agricultural and food products, r
egardless of the carrier on which they are saved;
3. seize or receive on paper, digital or electronic carrier all types of copies or excerpts of documents 
or records, not depending on the carrier on which they are saved, and if this is impossible, they may seize th
e originals, as well as other material evidence;
4. seize or obtain electronic, digital and forensic evidence, as well as data about the traffic from all 
kind of computer data, computer systems and other carriers, as well as to seize means of data transfer;
5. obtain access to each kind of data carriers, including servers, access to which can be executed thr
ough computer systems or other means, located in the checked premises;
6. (amend. – SG 17/21, in force from 26.02.2021) seal for certain period premises, vehicles or other 
sites, used by the inspected undertakings, associations of undertakings or buyers of agricultural and food pro
ducts, trade or account books or other data carriers;
7. (amend. – SG 17/21, in force from 26.02.2021) take oral explanations from each representative o
r member of the management bodies or from the staff of the undertakings, associations of undertakings or bu
yers of agricultural and food products regarding circumstances, connected with the subject-matter or the pur
poses of the inspection.
(3) (New – SG 17/21, in force from 26.02.2021) The Commission may carry out inspections under 
Para. 1 in premises, vehicles and in other sites, different from the ones indicated in Para. 2, item 1, including 
in the homes of any representative or member of the management bodies, or of the staff of undertakings or a
ssociations of undertakings, in case of reasonable doubts that documents or other records related to the econ
omic activity and the subject of inspection, are stored there. During the inspections, the employees, designat
ed by an order of the chairman of the Commission, shall have the powers under Para. 2, items 2, 3, 4, 5 and 
7.
(4) (Previous Para. 3 – SG 17/21, in force from 26.02.2021) During the inspections, the police auth
orities shall give support to the servants of the Commission within their powers under the Ministry of Interi
or Act. Procedure for organizing and carrying out joint actions shall be determined by an instruction, issued 
by the Minister of Interior and the Chairperson of the Commission.
(5) (Amend. - SG 2/18, previous Para. 4, amend. – SG 17/21, in force from 26.02.2021) The found 
documents and evidence can be seized if they contain data, generating grounded suspicions for other infring
ements under Art. 15, 21, 24, 34a, 37b and 37c of this Act or under Art. 101 and 102 of the Treaty on the F
unctioning of the European Union. After inspection is finalized, they shall be submitted immediately to the 
Commission for taking decision under Art. 38, Para 1, item 1 .
(6) (New – SG 17/21, in force from 26.02.2021) Paragraph 3 shall not apply in proceedings initiate
d in order to establish violations under Art. 34a, 37b and 37c.
 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Court Permission  
Art. 51. (1) (Amend. – SG 17/21, in force from 26.02.2021) Inspections on spot shall be carried out 
with the permission of a judge from the Administrative Court – Sofia district, upon a request of the Chairper
son of the Commission.
(2) Request shall contain:
1. (amend. – SG 17/21, in force from 26.02.2021) purpose of the inspection and the name of the un
dertaking, the association of undertakings or the buyer of agricultural and food products, for which permissi
on is required to be inspected, and in the cases of a request for carrying out an inspection under Art. 50, Par
a. 3 - indicating the sites;
2. nature of the claimed infringements, and in case of procedure under Chapter Ten – the nature of t
he concentration and the participants in it;
3. grounding of the reasons, which make inspection necessary.
(3) In the case under Art. 93, to the request for permission the decision of the Commission to give s
upport shall be attached, as well as the request for support.
(4) (Amend. – SG 17/21, in force from 26.02.2021) An Administrative Court – Sofia District shall 
pronounce on the request by a ruling, on the day of its submission. In the ruling, the court shall state the exa
ct name of the undertaking, the association of undertakings or of the buyer of agricultural and food products, 
which or who are subject to inspection. Permission shall be applicable to all premises, vehicles, and other sit
ed, used by the inspected undertaking, association of undertakings or by the buyer of agricultural and food p
roducts. In the ruling allowing the inspection under Art. 50, Para. 3 , the court shall name the specific sites.
(5) (Amend. – SG 17/21, in force from 26.02.2021) Where is needed to carry out simultaneous insp
ections in several undertakings, associations of undertakings, buyers of agricultural and food products or site
s under Art. 50, Para. 3, the Chairperson of the Commission may submit one joint request, and the court shal
l pronounce by separate ruling for each of the undertakings or associations of undertakings.
(6) (Amend. – SG 17/21, in force from 26.02.2021) Rulings under Para 4 and 5 or the refusal to iss
ue the rulings considered, shall be subject to appeal before a three- members body of the Supreme Administr
ative Court within three days term. The term shall start to run from the notice of the Commission, respective
ly – of the undertaking, the association of undertakings or of the buyer of agricultural and food products. Ap
peal shall not suspend the execution.
 
Procedure of collection of evidence during inspections on spot  
Art. 52. (1) (Amend. – SG 17/21, in force from 26.02.2021) Collection of evidence during the inspe
ctions on spot shall be carried out by the servants of the Commission in the presence of representatives of th
e undertaking, the association of undertakings or the buyer of agricultural and food products, his employees 
or other persons, who have been authorized and have the right to be present in the premises or in the vehicle
s, or have been found already present during the inspection therein.
(2) (Amend. – SG 17/21, in force from 26.02.2021) Copies of the seized documents shall be certifie
d by the servants of the Commission and of the representatives of the undertakings, the associations of under
takings or the buyers of agricultural and food products or by an authorised officer. In event of refusal of the r
epresentatives to make the certification, it shall be done only by the officials of the Commission.
(3) Electronic copies of the seized documents, the digital, electronic and forensic evidence shall be 
sealed in an appropriate manner.
(4) (Amend. – SG 17/21, in force from 26.02.2021) Original documents, material evidence and data 
on electronic or digital carriers shall be seized in the status as they have been found during the inspection, an
d shall be returned to the undertakings, the associations of undertakings or the buyer of agricultural and food 
products after the decision of the Commission enters into force.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(5) (Amend. – SG 17/21, in force from 26.02.2021) Upon request of the undertakings, the associati
ons of undertakings or the buyers of agricultural and food products, from which the original documents are s
eized, they can also be returned before the decision of the Commission enters into force. In all cases, Commi
ssion shall return the seized original documents, if exercising the incorporated in them rights is connected wi
th their factual holding.
(6) (Amend. – SG 17/21, in force from 26.02.2021) In the cases of Para 5, Commission shall use co
pies of the original documents, certified by the representatives of the Commission and of the undertakings, t
he associations of undertakings or the buyers of agricultural and food products, from which the documents a
re seized.
(7) The seized evidence under Para 2, 3 and 4 shall be recorded into a protocol on spot, by a comple
te and detailed list of the seized items. The protocol shall be signed following the procedure of Para 2 and sh
all be provided to the persons, from which the evidence are taken.
 
External experts  
Art. 53. (1) If for clarification of the circumstances regarding the procedure, Commission needs spe
cial knowledge, it may, upon a request of the parties or upon its own initiative, by a ruling, to assign carryin
g out of an expertise by an external expert. In the ruling the expert, the objective of the expertise, as well as t
he term for submission of the expert opinion shall be stated there in.
(2) An interested directly or indirectly from the decision on the procedure person may not be an exp
ert.
(3) The expert shall submit his opinion to the Commission, which shall accept it through a ruling. I
n case of objection against the opinion, Commission may assign the expertise to another or to more experts.
(4) Additional expertise shall be assigned, if the opinion is not enough complete or clear, and secon
d expertise – if opinion is not grounded or doubt regarding its correctness arises.
(5) Commission is not obliged to follow the opinion of the expert, but shall consider it together wit
h the other evidence, collected in the course of the procedure.
 
Co-operation in research with the national competition authorities, with the European Comm
ission and with other bodies of the European Union (Title amend. - SG 17/21, in force from 26.02.2021
) 
Art. 54. (1) The Commission shall co-operate with the European Commission and with the other na
tional competition authorities of the Member States, by way of receiving and rendering support and exchang
ing information under the procedure of Regulation (EC) 1/2003 and Art. 11, Paragraph 6, Art. 12 and Art. 1
3, Paragraph 5 of Regulation (EC) 139/2004.
(2) (New – SG 17/21, in force from 26.02.2021) The Commission shall cooperate with the Europea
n Commission and with the national law enforcement authorities under Directive (EU) 2019/633, shall recei
ve and provide assistance, exchanges information, participate in meetings and provide mutual assistance in t
he exercise of its powers in cross-border investigations of violations under Chapter Seven "b".
(3) (New – SG 17/21, in force from 26.02.2021) The Commission shall co-operate by receiving and 
rendering assistance, exchanging information and rendering mutual assistance with the competent authoritie
s of the Member States of the European Union and with the European Commission pursuant to Regulation (
EU) 2017/2394.
(4) (Previous Para. 2, amend. – SG 17/21, in force from 26.02.2021) The authority and the national 
law enforcement body under Directive (EU) 2019/633 which use the exchanged information, shall provide t
he same level of protection regarding the information considered as that provided by the national competitio
n authority of the Member State providing it.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Assistance about notification  
Art. 54a. (New – SG 17/21, in force from 26.02.2021) (1) The Commission shall cooperate with the 
other national competition authorities of the Member States of the European Union by receiving and renderi
ng assistance in connection with sending notifications on request and on behalf of the requesting authority fo
r:
1. allegations for committed violation of Art. 101 and 102 of the Treaty on the Functioning of the E
uropean Union and decisions on the application of these Articles;
2. any procedural acts which are subject to notification in accordance with the national law of the 
Member State of the requesting authority;
3. documents related to the application of Art. 101 and 102 of the Treaty on the Functioning of the 
European Union, including those relating to the enforcement of decisions imposing sanctions or periodic pro
prietary sanctions.
(2) The legality of the acts under Para. 1 shall be appealed before the competent authorities of the 
Member State of the requesting authority in accordance with the law of that Member State.
(3) The validity of the notifications under Para. 1 shall be appealed before the competent authorities 
of the Member State of the requested authority in accordance with the law of that Member State.
 
Access to the materials of the procedure  
Art. 55. (1) (Suppl. – SG 17/21, in force from 26.02.2021) Parties and the constituted into the proce
edings interested persons shall have right of access to all materials, collected in the course of investigation, e
xcept for the materials, containing industrial, trade or other secret protected by law. Access shall not be prov
ided to internal documents of the Commission, including correspondence with the European Commission an
d other national competition authorities of the Member States of the European Union with the European Co
mmission and the national law enforcement authorities under Directive (EU) 2019/633 and with the Europea
n Commission and the competent national authorities under Regulation (EU) 2017/2394, and to the constitut
ed interested parties – also to the materials collected in connection with the immunity from and reduction of 
a sanction by the order of Art. 101.
(2) (amend. - SG 77/18, in force from 01.01.2019) Any person, who provides Commission with inf
ormation in the course of proceedings, shall specify those of the materials of which he claims that they conta
in industrial, trade or other secret protected by law and shall be considered confidential by the Commission. 
In these cases person shall ground his claims and shall also provide the materials in version where data, cons
idered confidential, is deleted. If Commission assesses that this information is not confidential, shall pronou
nce by a ruling and shall notify the person of this. Ruling shall be subject to appellation under the procedure 
of Art. 64, Para 3 .
(3) (New – SG 17/21, in force from 26.02.2021) The Commission shall refuse to provide access to t
he parties and the constituted interested parties to information submitted by the persons under Art. 38, Para. 
1, item 9, which they consider that, if disclosed, would harm their interests. In such cases, the person shall e
xplicitly indicate the information and materials that he claims to contain information that affects his interests
, substantiating his claims and presenting the same materials in a version with deleted data.
(4) (Previous Para. 3, suppl. – SG 17/21, in force from 26.02.2021) Materials, specified as containi
ng industrial, trade or other secret protected by law, may be disclosed and used by the Commission, in case t
hat they are of significant importance to prove the infringement or to exercise the right of defence of the def
endant. The Commission may disclose information necessary for proving or for cessation of violations accor
ding to Art. 33, paragraph 3 of Regulation (EU) 2017/2394.
(5) (Previous Para. 4 – SG 17/21, in force from 26.02.2021) Procedure, which regulates the access, 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.usage and keeping the documents being industrial, trade or other secret, shall be set forth by rules, adopted b
y the Commission.
 
Temporary measures  
Art. 56. (1) (Amend. – SG 17/21, in force from 26.02.2021) In case that, during investigation under 
Chapter Nine, data about presence of infringement is available, in the event of pressing needs, by reason of r
isk of significant or unrecoverable damages for the competition, Commission – upon its own initiative or up
on request of the persons, whose interests are harmed or endangered by the infringement, may order immedi
ate stoppage of the practice by the undertaking or association of undertakings or to impose other measures, n
eeded in view the purposes of this Act. Commission may not impose measures which are of the competence 
of other authorities and are provided in other Acts.
(2) (Amend. - SG 77/18, in force from 01.01.2019, amend. and suppl. – SG 17/21, in force from 26.
02.2021) Temporary measures of Para 1 may be imposed in every one moment of the course of proceedings. 
Commission shall impose the temporary measures by a reasoned ruling, where the purpose and measure are 
stated, and shall ground its kind and necessity. Ruling shall be subject to appellation under the procedure of 
Art. 64, Para 3 . Appellation shall not suspend execution of the temporary measure, whereby the court shall 
rule in the shortest possible term.
(3) Period of effectiveness of the temporary measures is up to three months from imposing. In even
t of necessity this period may be prolonged following the procedure of Para 2. Temporary measures may sta
y in force till decision on the merits is taken by the Commission.
(4) Commission may cancel the temporary measure before expiration of the period of its effectiven
ess, in case that the unlawful practice is stopped and distortion of the competition is prevented.
(5) (New – SG 17/21, in force from 26.02.2021) The Commission shall notify the European Commi
ssion and the national competition authorities of the Member States of the European Union about the tempor
ary measures imposed by it in infringement proceedings of Art. 101 and 102 of the Treaty on the Functionin
g of the European Union.
 
Closure of investigation  
Art. 57. (1) After the end of investigation, the working team shall present before the monitoring me
mber of the Commission a report, containing the factual and legal analysis of the case, as well as a proposal 
on the finalization of the procedure.
(2) Monitoring member shall notify the Chairperson of the finalization of investigation. Chairperso
n, by a resolution, shall appoint a closed session of the Commission, where the next step of the proceedings 
shall be decided.
 
Sessions of Commission  
Art. 58. (1) Sessions of Commission are open and closed.
(2) Parties may have legal defence.
(3) In open session Commission is not allowed to present evidence, except they are newly found or 
newly aroused.
(4) In open session, upon assessment of the Commission, external experts, who have presented exp
ert opinion, as well as other persons, State authorities and authorities of local government may be summone
d.
(5) (New – SG 17/21, in force from 26.02.2021) With a motivated order of the Chairman of the Co
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.mmission, the meetings may be held remotely in compliance with the requirements of Art. 59 about quorum
, ensuring direct and virtual participation of the parties and participants in the proceedings. The Commission 
shall notify the parties when the meeting is to be held remotely.
 
Quorum 
Art. 59. (1) (amend. – SG 54/10; amend. – SG 73/11, in force from 20.09.2011) Sessions shall be re
gular, if at least 4 of the members of Commission attend.
(2) (amend. – SG 54/10; amend. – SG 73/11, in force from 20.09.2011) Commission shall pronoun
ce decisions and rulings by open voting and with majority of 4 votes. In event that the session is attended by 
less than 7 members, decision, respectively ruling, shall be pronounced only if at least 4 members of the Co
mmission have voted for it.
 
Decisions of Commission  
Art. 60. (1) Commission shall adopt in a closed session a decision which:
1. enacts start of profound investigation;
2. finds the committed infringement and the infringer;
3. imposes property sanctions, periodical sanctions and/or fines;
4. exempts from sanction or reduces the amount of the sanction in accordance with Art. 101;
5. (amend. - SG 2/18) finds that law is not been violated or that grounds to undertake actions for co
mmitted infringement under Art. 101 and 102 of the Treaty on the Functioning of the European Union do no
t exist ;
6. terminated procedure;
7. renews procedure, if it is terminated under Art. 75, Para 2 ;
8. approves undertaken obligations and determines the term for their fulfillment;
9. exempts certain categories of agreements, decisions and coordinated practices from the prohibiti
on of Art. 15;
10. decrees that the respective decision for group exemption shall not be applied in the concrete cas
e, states term within which the parties shall bring their agreement in accordance with Art. 17 or terminate it;
11. (amend. - SG 2/18) withdraws right to use the respective regulation of the European Union for 
block exemption from the prohibition under Art. 101, Para 1 of the Treaty on the Functioning of the Europea
n Union, if the terms of Art. 29 of Regulation (EC) 1/2003 exist and appoint a period within which the partie
s shall bring their agreement in accordance with the requirements of Art. 101, Para 3 of the Treaty on the Fu
nctioning of the European Union or to terminate it;
12. decrees stoppage of the infringement, including by imposing appropriate behaviour and/or other 
structural measures to restore competition;
13. decrees that a concrete transaction does not represent concentration or does not enter into the ra
nge of obligatory preliminary notice;
14. permits the concentration;
15. permits concentration under proposed amendments by the parties;
16. permits concentration under condition;
17. prohibits the concentration;
18. cancels the permitting concentration decision;
19. proposes to the competent authorities to amend or revoke the relevant administrative act;
20. adopts opinion on a draft or on an effective normative or administrative act;
21. adopts sector analysis;
22. pronounces on rendering support;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.23.,pronounces on closing the procedure of rendering support;
24. decided on other matters within its competence.
(2) Commission shall prepare and announce its decision and the reasons to it within 14- days term a
fter the closed session under Para 1 is held. Decision shall be reasoned and signed by the members of the Co
mmission, who have voted at the closed session.
 
Reservation  
Art. 61. (1) Member of Commission, who does not support the decision, shall sign it with reservatio
n.
(2) Reservation shall be reasoned and attached to the decision.
 
Contents of the decision  
Art. 62. (1) Decision of the Commission shall be in written and shall contain:
1. name of the authority, which has issued it;
2. factual and legal grounds of pronunciation;
3. (amend. - SG 2/18) dispositional part, where the existence or lack of an infringement of this Act 
shall be found; existence or lack of ground to undertake actions for committed infringement under Art. 101 a
nd 102 of the Treaty on the Functioning of the European Union; rights and obligations of the parties are settl
ed, the type and amount of the property sanction, if such is imposed are determined;
4. data about the term and the body before which it can be appealed;
(2) In the decision a term for voluntary execution of the imposed property sanction and fine shall be 
stated too.
 
Ruling of the Commission  
Art. 63. Commission shall pronounce by a ruling, where it pronounces on matters beyond the merit
s of the dispute, as far as otherwise provided by this Act.
 
Appellation of decisions and rulings  
Art. 64. (1) (amend. and suppl. - SG 77/18, in force from 01.01.2019) Decisions of the Commission
, if not otherwise provided by the law, may be appealed regarding their lawfulness before the Sofia Administ
rative Court by the parties and by any third person who has legal interest in it. Decisions shall be appealed w
ithin 14-days term, which starts to run from their announcement under the procedure of the Administrative 
Procedure Code , and for the third persons – from their publishing in the Electronic Register of the Commis
sion. Court decisions are subject to cassation appeal before the Supreme Administrative Court.
(2) (new - SG 77/18, in force from 01.01.2019) State fees for cassation appeal before the Supreme 
Administrative Court are set at the amount of the fees due for proceedings before the Commission for the Pr
otection of Competition. State fees for the revocation of enforced judicial acts and for private appeals shall d
etermined by the order of the Administrative Procedure Code.
(3) (prev. para. 2, amend. - SG 77/18, in force from 01.01.2019) Rulings of the Commission, about 
which is provided that may be appealed regarding their lawfulness by the parties in the proceedings under th
e order of appeal the Commission's decisions. Rulings shall be appealed within 7-days period from their ann
ouncement, following the procedure of the Administrative Procedure Code before the Administrative Court 
- Sofia Province.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Entry into force of decisions and rulings  
Art. 65. Decisions and rulings of the Commission shall enter into force, if they:
1. are not subject to appeal;
2. are not appealed within the term under Art. 64 or the appeal is withdrawn;
3. filed appeal is dismissed.
 
Execution of the decisions  
Art. 66. (1) (Suppl. – SG 17/21, in force from 26.02.2021) Decisions of the Commission forbidding 
concentration of undertakings or ordering cessation of infringement, including by imposing behavioural and/
or structural measures to restore competition, or ordering the cessation of applying unfair trade practices und
er Chapter Seven "b", shall be subject to immediate execution.
(2) Commission may, on the base of request of the parties to the proceedings to pronounce immedia
te execution of the acts under Art. 82, 85 and 88.
 
Control over execution of the decisions  
Art. 67. Parties shall be obliged to inform timely the Commission of the execution of a decision, in 
case that in it certain conditions and obligations are set forth.
 
Electronic Register  
Art. 68. (1) Commission shall maintain an electronic register of the issued by it acts.
(2) (Amend. – SG 17/21, in force from 26.02.2021) All decisions of the Commission shall be publis
hed in the register.
(3) (Suppl. – SG 17/21, in force from 26.02.2021) In the register shall also be published announcem
ents of initiated proceedings for permission of concentrations under Chapter Five, and about investigations u
nder Chapters Nine and Twelve, other messages and definitions, for which this is provided in the acts under 
Art. 8, Para. 1, item 14 , as well as notices and notifications to parties in proceedings, which cannot be foun
d at the address indicated by them.
(4) Decisions under Para 2 shall be published within 14-days period from pronouncement, and the a
nnouncements under Para 3 – within 7-days period from initiation of the proceedings or carrying out the ins
pection on spot under Art. 50.
 
Fees and expenses  
Art. 69. (1) (amend. - SG 77/18, in force from 01.01.2019, amend. – SG 17/21, in force from 26.02.
2021) For proceedings under this Act, state fees and expenses shall be due. The size of state fees shall be det
ermined by a tariff approved by the Council of Ministers on a proposal of the Commission.
(2) (amend. - SG 77/18, in force from 01.01.2019) State authorities and authorities of the local gove
rnment shall pay fees and expenses for the proceedings.
(3) Amounts for remuneration of external experts and specialists shall be deposed in advance by the 
party, who requested them, in amount as determined by the Commission.
(4) (Amend. – SG 17/21, in force from 26.02.2021) Where the Commission pronounces a decision 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.for finding committed infringement of the Law, Commission shall assign the expenses made for the proceed
ings to the violator, if required by the defendant party.
(5) (New – SG 17/21, in force from 26.02.2021) When the Commission issues a decision establishi
ng that no violation has been committed, or when the proceedings has been terminated due to the withdrawal 
of the claim, the Commission shall award the costs incurred to the person at whose request the proceedings 
were instituted, if requested by the other party. In all other cases, the costs shall remain with the parties as in
curred.
 
Chapter nine.  
PROCEDURE OF FINDING INFRINGEMENTS AND IMPOSURE OF SANCTION UNDER CHAP
TERS THREE AND FOUR OF THIS ACT AND UNDER ART. 101 AND 102 OF THE TREATY ON 
THE FUNCTIONING OF THE EUROPEAN UNION (AMEND. - SG 2/18)  
Initiation of procedure  
Art. 70. (1) (amend. - SG 2/18) Procedure for finding infringements and imposing sanctions under 
Chapters Three and Four of this Act and under Art. 101 and 102 of the Treaty on the Functioning of the Eur
opean Union shall be initiated on the grounds of Art. 38, Para 1, items 1-4 .
(2) (Amend. – SG 17/21, in force from 26.02.2021) Procedure under Para 1 shall be initiated within 
30-day period from the receipt of the request, from the decision of the Commission respectively.
(3) Decision for initiation of procedure upon initiative of the Commission on the ground of Art. 38, 
Para 1, item 1 shall not be subject to appeal.
 
Contents of the request  
Art. 71. (1) Request under Art. 38, Para 1, item 3  shall be in Bulgarian language and shall contain:
1. the name and registration data/unified civil number of the applicant and of the person against wh
om the complaint is directed;
2. the address, seat and address of management of the applicant and the person against whom comp
laint is directed;
3. description of the circumstances on which it is grounded, the request and claimed infringement;
4. merits of the request;
5. evidence supporting the request;
6. signature of the person who submits the requests, or of his representative;
7. document of paid State fee.
(2) The request under Para 1 shall be submitted in a form, approved by the Commission.
 
Investigation  
Art. 72. Commission shall carry out an investigation within the procedure, by exercising its powers 
under Art. 45.
 
Report of the working team  
Art. 73. (1) After sufficient evidence is collected regarding the forthcoming stage of the procedure, 
the working team, as defined under Art. 39, Para 2 , shall prepare a report and submit it to the monitoring M
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ember of the Commission.
(2) The monitoring member of the Commission shall notify the Chairperson of the prepared report. 
The Chairperson, by a resolution shall appoint closed session of the Commission within 14-days period from 
finalization of investigation, at which session further development of proceedings.
 
Closed session  
Art. 74. (1) After consideration of the report of Art. 73, Commission shall pronounce at a closed se
ssion:
1. (amend. - SG 2/18) decision by which finds that infringement has not been committed or that gro
und to undertake actions for committed infringement of Art. 101 and 102 of the Treaty on the Functioning of 
the European Union does not exist;
2. ruling by which the case is referred back for additional investigation with obligatory directions to 
the working team, as defined in Art. 39, Para 2 ;
3. ruling by which submits the claimed committed infringement of the law to the respective party.
(2) (Suppl. – SG 17/21, in force from 26.02.2021) In the ruling of Para 3, item 3, period not shorter 
than 30 days shall be set forth, within which period the applicant and the defendant party shall have the right 
to submit their written objections against the submitted claims, and the constituted interested persons – their 
opinion. In the ruling shall be stated that the parties and the interested persons shall have the right of access t
o the materials of the case under the procedure of Art. 55 within the period for submission of objections or o
pinions, as well as right to be heard by the Commission under the procedure of Art. 76 at an open session.
(3) (Amend. – SG 17/21, in force from 26.02.2021) In the case under Para 1, item 3, each party shal
l be provided with a version, not containing production, trade or other secret protected by law to the other pa
rties in the proceedings, and the constituted interested persons shall be notified of the pronounced ruling und
er Para 1, item 3. Period for submission of objections and opinions under Para 2 shall start run from the day 
on which the ruling or the written notice of it are received.
(4) Simultaneously with the submission of objections, the parties shall be obliged also to submit all 
evidence at their disposal in their support.
(5) In the cases of Para 1, item 1, the parties shall be notified of the decision of the Commission, as 
well as that they shall have access to the materials of the case following the procedure under Art. 55.
 
Assumption of obligations by the defendant party  
Art. 75. (1) The defendant party under Art. 74, Para 2  may propose to assume obligations, by whic
h to achieve cessation of the behaviour, regarding which the proceeding are initiated.
(2) Commission may approve by a decision these obligations. In this case, Commission shall termin
ate proceedings without findings of infringement and shall pronounce that grounds for further proceedings d
oes not exist anymore. By this decision Commission may also determine a period of effect of the assumed o
bligations.
(3) (New – SG 17/21, in force from 26.02.2021) Before adopting the decision under Para. 2, the Co
mmission shall publish a notice in the register referred to in Аrt. 68 which contains a summary of the subject 
of the proceedings and of the proposed obligations. The notice shall specify a period not exceeding 30 days f
rom the publication within which each market participant and/or their associations may submit information a
nd opinion on the proposed obligations.
(4) (Previous Para. 3 – SG 17/21, in force from 26.02.2021) The Commission cannot accept a decis
ion for assumption of obligations in case of grave infringement of the Law.
(5) (New – SG 17/21, in force from 26.02.2021) The Commission shall exercise control over the fu
lfillment of the undertaken obligations, and may exercise the powers under Art. 45.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(6) (Previous Para. 4 – SG 17/21, in force from 26.02.2021) The Commission may, upon request or 
upon its own initiative to renew the proceedings terminated under Para 2, if:
1. a change with regard to some of the circumstances grounding the decision under Para 2 occurs;
2. the undertakings do not execute the assumed obligations;
3. is found that the decision is based on provided incomplete, incorrect, untruthful or misleading inf
ormation.
 
Hearing of the parties and the interested persons at an open session of the Commission  
Art. 76. (1) The parties and the interested persons shall be entitled to be heard by the Commission a
t an open session before pronunciation of the decision on the merits.
(2) Commission, upon its assessment, may also hear other persons.
(3) (Amend. – SG 17/21, in force from 26.02.2021) The Chairperson by a resolution shall schedule 
an open session, where the Commission shall hear the parties and the interested persons who have requested 
this, within the term under Art. 74, Para. 2 , as well as the persons under Para. 2. The open session shall be s
cheduled onto a day, determined not earlier than 14 days after the elapse of the period for submission of obje
ctions or the opinions on the presented claims of committed infringements. The parties and the interested per
sons shall be notified of the appointed open session for their hearing under the procedure of the Administrat
ive Procedure Code .
(4) The parties and the interested persons, as well as the persons envisaged in Para 2 shall be heard 
at a closed session.
(5) The session of the Commission shall start with deciding on the preliminary matters regarding th
e regularity of the proceedings.
(6) Parties and the interested persons may be asked observing the order determined by the Chairper
son.
(7) Where the Chairperson assesses that the circumstances of the case are clarified, the Chairperson 
shall provide the parties with opportunity to state opinions
(8) After the dispute is clarified in factual and legal aspect, the Chairperson of the Commission shal
l close down the session.
 
Closed session  
Art. 77. (1) (Suppl. – SG 17/21, in force from 26.02.2021) After hearing the parties, the Chairperso
n of the Commission shall schedule within 6 months a closed session. At the session Commission shall pron
ounce a decision, which:
1. finds the committed infringement and the violator;
2. imposes property sanctions, periodical sanctions and/or fines;
3. (amend. - SG 2/18) finds that no infringement has been committed and grounds to undertake acti
ons for committed infringement under Art. 101 and 102 of the Treaty on the Functioning of the European U
nion do not exist;
4. decrees to stop the infringements, including by way of imposing appropriate behaviour and/or str
uctural measures for restoration of competition;
5. decrees that the decision for block exemption shall not be applicable in the concrete case and det
ermines a period to adjust it in compliance with Art. 17 or termination;
6. (amend. - SG 2/18) decrees that provisions of the relevant regulation of the European Union for b
lock exemption from the prohibition of Art. 101, Para. 1 of the Treaty on the Functioning of the European U
nion shall not be applicable to the concrete case, and determines a period to adjust it in compliance with Art. 
101, Para. 3 of the Treaty on the Functioning of the European Union, or to terminate.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) (New – SG 17/21, in force from 26.02.2021) In case of factual and/or legal complexity, the Chai
rperson may extend the term under Para. 1 with two months.
(3) (Previous Para. 2 – SG 17/21, in force from 26.02.2021) The Commission, by a ruling, may:
1. accept new claims of committed infringement of the Law, following the procedure of Art. 74, Pa
ra 1, item 3 .
2. to refer back for additional inspection the case, accompanied with obligatory directions;
(4) (Previous Para. 3 – SG 17/21, in force from 26.02.2021) With the decision under Para 1, item 4, 
Commission shall impose structural measures only if a behaviour measure of equivalent effect does not exist
, or where such behaviour measure of equivalent effect should generate bigger burden for the undertaking, th
an the structural measure.
(5) (Previous Para. 4 – SG 17/21, in force from 26.02.2021) The parties shall be notified of the pron
ounced decision under Para 1, following the procedure of the Administrative Procedure Code .
 
Chapter ten.  
PROCEDURE OF ISSUANCE OF PERMITIONS FOR CONCENTRATION OF UNDERTAKINGS  
Initiation of proceedings  
Art. 78. (1) Proceedings of assessment of the concentration shall be initiated on the grounds of Art 
38, Para 1, item 6 . Notice of concentration shall be submitted jointly by the undertakings, which participate 
in the consolidation or in the merger, or incorporate joint venture, respectively by the undertaking, acquiring 
the control within the meaning of Art. 22, Para 1, item 2 .
(2) (Amend. and suppl. – SG 17/21, in force from 26.02.2021) Proceedings under Para 1 shall be in
itiated within 5 working days from the receipt of notice, unless grounds under Art. 38, Para 2  exist.
(3) Commission may also initiate proceedings upon its own initiative on the grounds of Art. 38, Par
a 1, item 1, if concentration has been executed without permission, or under conditions and in a manner, diff
erent that these, under which it has been permitted, as well as in event that the permission has been cancelled 
by the Commission. The decision of the Commission to initiate proceedings shall not be subject to appeal.
(4) Notice of concentration under this Act shall also be submitted in the cases, where the competenc
e of the Commission ensue from proceedings under Art. 4 and 9 of Regulation (EC) 139/2004.
 
Contents of the notice  
Art. 79. (1) Notice under Art. 78, Para 1  shall contain information regarding:
1. the undertakings – participants in the concentration;
2. the undertakings and the persons, controlling directly or indirectly the participating in the concen
tration undertakings;
3. the undertakings, over which the participants in the concentration exercise control within the mea
ning of Art. 22, Para 3 ;
4. the nature, legal form and the purposes of concentration;
5. the relevant markets on which the participants in the concentration operate;
6. market shares and the aggregate turnovers of the undertakings who participate in the concentratio
n;
7. barriers to entry into the relevant markets;
8. main competitors, suppliers and customers;
9. (amend. – SG 17/21, in force from 26.02.2021) grounding of the circumstances under Art. 26, P
ara 4 or 5 .
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) In the notice under Para 1 shall also be stated an inquiry to the Commission to permit the conce
ntration.
(3) The notice shall be filled in a form as approved by the Commission.
(4) The form under Para 3 and the directions for filling in the form shall be approved by a decision 
of the Commission and shall be published in its website on the Internet.
 
Accelerated Investigation  
Art. 80. (1) After the proceedings under Art. 78, Para 1  are initiated, Commission shall carry out a
ssessment of the concentration through accelerated investigation by exercising its powers under Art. 45, ite
ms 1, 2, 4 and 5 .
(2) Within 7-days period of publication under Art. 68, Para 3 , any third interested person may pres
ent information or opinion regarding the effect of the concentration on the competition on the relevant mark
et.
(3) (Repealed – SG 17/21, in force from 26.02.2021)
(4) (New – SG 17/21, in force from 26.02.2021) In the presence of data on significant obstruction o
f effective competition, the Commission shall indicate to the persons under Art. 78, Para. 1  to propose chan
ges in the conditions of the concentration in order to eliminate the anti-competitive effects, in case no such p
roposals have been given upon submission of the notification.
 
Periods for assessment of concentration in accelerated investigation  
Art. 81. (1) The assessment in accelerated investigation shall be carried out within 25 business days 
period, within which period Commission shall pronounce by a decision under Art. 82, Para 3 .
(2) The period shall start run from the business day, following the day of initiation of proceedings.
(3) (Amend. – SG 17/21, in force from 26.02.2021) In the event of necessity to present additional i
nformation by the notifying undertakings, periods under Para 1 shall stop running.
(4) (Amend. – SG 17/21, in force from 26.02.2021) Upon request of the notifying undertakings, Co
mmission may prolong the period envisaged in Para 1 up to 10 business days for preparation of changes in t
he conditions of concentration concerned.
(5) Not depending on if the period under Para 1 has been prolonged on the grounds of Para 4, it sha
ll be extended with additional 10 business days from the day of presenting by the notifying person complete 
information related to proposed changes of the terms of concentration.
 
Finalization of assessment in accelerated investigation  
Art. 82. (1) After the accelerated investigation is finished, the working team, as determined under A
rt. 39, Para 2  shall prepare a report, which shall be submitted to the monitoring member of the Commission
.
(2) The monitoring member of the Commission shall inform the Chairperson of the finished acceler
ated investigation. The Chairperson, by a resolution, shall appoint a closed session of the Commission, at wh
ich further development of the proceedings shall be decided.
(3) At closed session Commission shall pronounce a decision, by which:
1. pronounces the transaction does not appear to be a concentration or does not enter the scope of A
rt. 24;
2. (amend. – SG 17/21, in force from 26.02.2021) authorizes the concentration under Art. 26, Para 
4;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.3. authorises the concentration in accordance with the amendments as proposed by the participants i
n the concentration;
4. initiates profound research under the procedure of Art. 83.
(4) Commission may cancel its decision under Para3, items 103, if it is based on incomplete, incorr
ect, untrue or misleading information.
(5) Till decision of the Commission under Para 3 is not pronounced, factual or legal actions of ever
y kind connected with the planned concentration shall be forbidden. This prohibition shall not be applied in 
event of bid offer or of a consequence of transactions of securities, admitted to the tender and the regulated 
markets of financial instruments, trough which control in the meaning of Art. 22, Para 3  is acquired by seve
ral buyers, under the condition that Commission is notified as per Art. 24, Para 2  without delay, as well as t
he person who acquired securities considered does not exercise connected with them voting right, except for 
the cases to retain the value of the made investment.
(6) Commission shall notify following the procedure of the Administrative Procedure Code  the p
ersons envisaged in Art. 78, Para 1  of the pronounced decision under Para 3 and of the opportunity to acces
s the materials of the case.
(7) Decision under Para 3, item 4 shall not be subject to appeal.
 
Profound investigation  
Art. 83. (1) (Amend. – SG 17/21, in force from 26.02.2021) Profound investigation of the concentr
ation shall be carried out, if, as a result of the assessment, done within the accelerated investigation, Commis
sion finds that concentration considered generates serious doubt that as a consequence of it effective competi
tion in the relevant market shall be significantly impeded, especially as a result of the creation or strengtheni
ng of a dominant position.
(2) Within 30-days period from the publication in the electronic register of the decision to start prof
ound investigation under Art. 68, Para 2 , every interested person may present information about or opinion 
on the effect of concentration considered to the competition on the relevant market.
(3) When carrying out the profound investigation, Commission shall exercise its powers as per Art. 
45.
 
Period of profound investigation of the concentration  
Art. 84. (1) (Amend. – SG 17/21, in force from 26.02.2021) Commission shall carry out the profou
nd investigation and shall close the proceedings within 90 working days after the publication under Art. 68. 
Para 2 in the electronic register.
(2) In case of proposed measures under Art. 86, terms envisaged in Para 1 shall be prolonged with 
15 business days. Prolongation of the term shall start running from the day, following the day on which Com
mission receives complete information in connection with the measures proposed.
(3) (New – SG 17/21, in force from 26.02.2021) In cases of factual and/or legal complexity, the ter
m under Para. 1 may be extended with maximum 25 working days.
 
Closed session  
Art. 85. (1) After sufficient evidence is collected with regard to the forthcoming development of the 
proceedings, the working team as determined under Art. 39, Para 2  shall prepare a report and shall present i
t to the monitoring member of the Commission.
(2) The monitoring member of the Commission shall notify the Chairperson of the prepared report. 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.The Chairperson shall, by a resolution, appoint a closed session of the Commission, which shall pronounce:
1. (amend. – SG 17/21, in force from 26.02.2021) a decision by which concentration under Art. 26, 
Para 4 or 5  is authorized;
2. a ruling, by which accepts its preliminary conclusions about the effect of the concentration to the 
competition.
(3) (Suppl. – SG 17/21, in force from 26.02.2021) In the ruling under Para 2, item 2, a term not sho
rter than 14 days shall be stated, in which term the notifying person and the interested persons may present o
pinion on the preliminary conclusions of the Commission. In the ruling shall be stated, that the parties and th
e interested persons shall have the right to access the materials of the case, observing the procedure of Art. 5
5 within the period for submission of opinion, as well as to be given a hearing under Art. 87 by the Commiss
ion.
(4) In the case of Para 2, item2, the ruling shall be sent to the persons envisaged in Art. 78, Para 1 , 
and the interested persons, constituted under Art. 43, Para 2, item 2  shall be notified of it. The term to prese
nt opinions under Para 3 shall start running from the date of the receipt of the copy of the ruling or of the wri
tten notice of it.
(50 Simultaneously with the presentation of an opinion on the preliminary conclusions, parties and 
interested persons shall be obliged also to present all supporting them evidence which they have at their disp
osal.
(6) In the case of Para 2, item 2, parties shall be notified of the pronounced decision and of the opp
ortunity to access the materials of the case, observing the procedure of the Administrative Procedure Code
.
 
Measures for protection of competition  
Art. 86. (1) (Amend. – SG 17/21, in force from 26.02.2021) The Commission may approve measur
es proposed by the persons under Art. 78, Para. 1 , directly related to the implementation of the concentratio
n, which are necessary for maintaining effective competition and limiting the negative impact of concentrati
on on the affected market.
(2) (Amend. – SG 17/21, in force from 26.02.2021) The Commission may appoint a special represe
ntative.
(3) (New – SG 17/21, in force from 26.02.2021) The special representative under Para. 2 shall be a
n independent controlling manager, who monitors the implementation of the measures approved by the Com
mission and serves as a guarantee that the concentration will be carried out with the necessary degree of cert
ainty.
(4) (New – SG 17/21, in force from 26.02.2021) The procedure for approval of measures and appoi
ntment of a special representative shall be regulated by rules adopted by the Commission.
 
Hearing of the parties and the interested persons at an open session  
Art. 87. (1) The parties and the interested persons shall be entitled to be given a hearing by the Com
mission at an open session before decision on the merits of the case is pronounced.
(2) After the elapse of the period to present opinions under Art. 85, Para 3 , the Chairperson by a re
solution, shall appoint an open session at which the Commission shall hear the .parties and the interested per
sons. The open session shall be scheduled for a day, not earlier than the elapse of the term top present opinio
ns on the submitted objections. The parties and the interested persons shall be notified of the appointed open 
session for their hearing following the procedure of the Administrative Procedure Code .
(3) The parties and the interested persons shall be heard by the Commission at a closed session.
(4) The session of the Commission shall start with deciding on the preliminary matters regarding re
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.gularity of the procedure.
(5) Parties and the interested persons may be questioned under a procedure as defined by the Chairp
erson.
(6) Where Chairperson assesses that the circumstances of the case are clarified, he/she shall provide 
opportunity to the parties to state opinions.
(7) After the dispute is clarified in factual and legal aspects, the Chairperson shall close down the se
ssion.
 
Closure of the profound investigation  
Art. 88. (1) After the hearing of the parties, the Chairperson shall appoint a closed session. Commis
sion shall pronounce a decision, by which:
1. authorizes concentration in question;
2. authorizes concentration in question, under a condition that measures, directly related to the exec
ution of the concentration and needed to preserve the effective competition and limit the negative impact on 
the concerned market, shall be performed;
3. prohibits concentration in question.
(2) Till decision of the Commission under Para 1 is pronounced, any kind of factual and legal actio
ns related to the planned concentration are forbidden. This prohibition shall not be applied in case of bid offe
r or of a consequence of transactions of securities, admitted to trade on regulated markets of financial instru
ments, through which control as per Art. 22, Para 3  is obtained by different vendors, if Commission is notif
ied as per Art. 24, Para 2  without delay, as well as that the person who acquired the securities does not exer
cise voting right, except for preservation of the value of the made investment.
(3) Commission may cancel its decision under Para 1, items 1 and 2, where it is based on a incompl
ete, incorrect, doubtful or misleading information, as well as where the participants do not execute the meas
ures as stated in the decision of the Commission under Para 1, item 2.
(4) Parties shall be notified of the decision of the Commission following the procedure of the Admi
nistrative Procedure Code .
 
Closure of procedure, started upon initiative of the Commission  
Art. 89 (1) Where Commission has started a procedure upon it own initiative in the cases of Art. 78
, Para 3, it may decide:
1. that breach of the obligation under Art. 24 does not exist;
2. to impose a property sanction for failure to perform the obligation under Art. 24, as well as the r
espective measures under Art. 90.
(2) Investigation under Para 1 shall be performed under the procedure of Chapter Eight, as well as u
nder Art. 74 and Art. 76.
 
Measures for restoration of the effective competition  
Art. 90. Commission may, not depending on the property sanctions under Art. 89, Para 1, item 2 , t
o impose to the participants in the transaction other behaviour and/or structural measure, needed for the resto
ration of effective competition, including by way of pronouncing split of the joint capitals, shares or assets a
nd/or termination of the joint control, if finds that:
1. a concentration has been executed contrary to the pronounced decision under Art. 88, Para 1, ite
m 3, or
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.2. a concentration, which shall be forbidden or authorized under a condition, has been executed:
a) offending Art. 24, or where concentration in question has been executed under condition and in 
a manner, different than these which Commission took in account when issuing a decision under Art. 82, Pa
ra 3 and 3, Art, 85, Para 2, item 1  and Art. 88, para 1, item 1 ;
b) offending the decision under Art. 88, Para 1, item 2;
b) in case of authorization, cancelled by a decision under Art. 82, Para 4 or under Art. 88, Para 3.
 
Chapter eleven.  
MISCELLANEOUS PROCEDURES  
Sector Analysis Procedure  
Art. 91. (1) Sector Analysis Procedure of the competition environment shall be initiated by a decisi
on of the Commission on the grounds of Art. 38, Para 1, item 1 .
(2) The Chairperson, by a resolution, shall assign monitoring of the procedure to a member of the C
ommission. Research shall be assigned to the working team, determined under Art. 39, Para 2 .
(3) When carrying out research, the working team shall exercise its powers as per Art. 45, items 1, 
2, 4 and 5 .
(4) After finalization of the research, the working team shall present the analysis to the member of t
he Commission, who monitors the research. The Chairperson shall appoint consideration of the analysis at a 
closed session of the Commission.
(5) Commission shall adopt the sector analysis by a decision, by which may:
1. (amend. - SG 2/18) pronounce to initiate procedure of finding offence under Art. 15, 21 and 24 o
f this Act and/or under Art. 101 and 102 of the Treaty on the Functioning of the European Union;
2. inform the competent State authorities, including the bodies of the executive power, as well as th
e bodies of local government of the necessity to undertake measures for improvement of the competition env
ironment in the sector;
3. provide the analysis for usage by the National Assembly and/or the Council of Ministers when pr
eparing strategies, programmes and plans of development of the respective sectors of the economy, etc.
(6) The decision of the Commission under Para 1, as well as the decision under Para 5 shall not be s
ubject to appeal.
 
Competition Advocacy Procedure  
Art. 92. (1) Competition advocacy procedure shall be initiated on the grounds of Art. 38, Para 1, it
ems 1, 5 and 8 .
(2) The Chairperson, by a resolution, shall assign the monitoring over the procedure to a member of 
the Commission. Research shall be carried out by the working team, determined under Art. 39, Para 2 .
(3) When carrying out the research, the working team shall exercise the powers under Art. 45, item
s 1, 2, 4 and 5 .
(4) After research is finalized, the working team shall prepare a report, which shall be presented to t
he monitoring member of the Commission. The Chairperson shall appoint consideration of the report at a clo
sed session of the Commission.
(5) Commission shall adopt, by a decision, an opinion, by which:
1. gives assessment of the compliance of projects or effective acts in the meaning of Art. 28 to the 
provisions of this Act;
2. proposes to the competent authorities or associations of undertakings to amend or cancel the resp
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ective act.
(6) The decision of the Commission under Art. 38, Para. 1, item 1 , as well as the decision under P
ara 5 shall not be subject to appeal.
 
Procedure of execution of obligations of the Commission to co-operate as per Regulation (EC) 
No. 1 /2003 and Regulation (EC) No. 139/2004  
Art. 93. (1) Procedure of execution of obligations of the Commission to co-operate as per Regulatio
n (EC) No. 1/2003 and Regulation (EC) 139/2004 shall be initiated on the grounds of Art. 38, Para 1 , item 
7 in connection with Art. 54, upon a request of a national competition authority of a Member- State or of the 
European Commission on the grounds of Regulation (EC) No. 1/2003 or of Regulation (EC) No. 139/2004.
(2) On the grounds of the request of Para 1, a report to the Chairperson shall be prepared, in which r
eport a proposal to undertake the needed actions for satisfaction of the request shall be contained.
(3) The Chairperson of the Commission, by a resolution, shall pronounce on the proposal to underta
ke the needed actions. In case, that the Chairperson of the Commission resolutes to provide assistance, in the 
resolution shall determine the objectives of the procedure in compliance with the request under Para 1.
(4) The Chairperson of the Commission, by an order, shall determine the officers, who shall carry o
ut the powers under Art. 45 of this Act, respectively under Art. 20, Paragraph 2 of the Regulation (EC) No 1
/2003 or under Art. 13, Paragraph 2 of Regulation (EC) No. 139/2004.
(5) (New – SG 17/21, in force from 26.02.2021) The staff and other accompanying persons, authori
zed or appointed by the requesting national competition authority, may be present and actively assist in on-t
he-spot checks and the taking of oral explanations under the supervision of the Commission staff.
(6) (Previous Para. 5 – SG 17/21, in force from 26.02.2021) After resolution under Para 3 is execut
ed, a report to the Chairperson of the Commission on the performed actions shall be prepared.
(7) (Previous Para. 6, amend. – SG 17/21, in force from 26.02.2021) The Chairperson of the Comm
ission shall table the report of Para. 6 at a closed session, where Commission shall pronounce a decision to fi
nalize the procedure on rendering assistance.
(8) (Previous Para. 7, amend. – SG 17/21, in force from 26.02.2021) Decision under Para. 7 shall n
ot be subject to appeal.
 
Procedure when assisting in notifying and in enforcement of decisions imposing sanctions or 
periodic proprietary sanctions  
Art. 93a. (New – SG 17/21, in force from 26.02.2021) (1) Requests referred to in Art. 54a and 103
a shall be executed without undue delay by means of a uniform instrument which shall be accompanied by a 
copy of the act to be notified or enforced.
(2) The uniform instrument shall contain:
1. the name, known address of the addressee of the act and any other relevant information for the id
entification of the addressee;
2. a summary of the relevant facts and circumstances;
3.a summary of the attached copy of the act to be notified or executed;
4. the name, address and other contact details of the requested authority;
5. the period within which notification or enforcement should take place, such as statutory deadline
s or limitation periods.
(3) For requests referred to in Art. 103a, in addition to the requirements under Para. 1, the uniform i
nstrument shall also contain:
1. information about the decision permitting enforcement in the Member State of the applicant auth
ority;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.2. the date, on which the decision has entered into force;
3. the amount of the sanction or of periodic proprietary sanction;
4. information showing the reasonable efforts made by the requesting body to enforce the decision i
n its own territory.
(4) The uniform instrument shall constitute the sole basis for the notification or enforcement actions 
taken by the requested authority, in observance of the requirements under Para. 1. It shall not be subject to a
ny act of recognition, supplementing or replacement in the Member State of the requested authority. The req
uested authority shall take all necessary measures for the execution of this request, unless the requested auth
ority invokes Para. 5.
(5) The uniform instrument shall be sent by the requesting authority to the requested authority in th
e official language or in one of the official languages of the Member State of the requested authority, unless 
the requested authority and the requesting authority have agreed bilaterally on a case-by-case basis that the u
niform instrument may be sent in another language. Where required under the national law of the Member S
tate of the requested authority, the applicant authority shall provide a translation of the act to be notified or t
he decision permitting enforcement of the sanction or proprietary sanction, into the official language or into 
one of the official languages in the official languages of the Member State of the requested authority. This s
hall be without prejudice to the right of the requested authority and the applicant authority to bilaterally agre
e, on a case-by-case basis, that such translation may be provided in a different language.
(6) The requested authority shall not be obliged to execute a request referred to in Art. 54a or 103a i
f:
1. the request does not meet the requirements of this Article, or
2. the requested authority is able to demonstrate reasonable grounds showing how the execution of t
he request would be manifestly contrary to public policy in the Member State in which enforcement is sough
t.
(7) The requested authority shall notify the requesting authority in case it intends to refuse a request 
for assistance under Art. 54a or 103a or needs additional information.
(8) At the request of the requested authority, the requesting authority shall fully bear all reasonable 
additional costs, including translation, labour and administrative costs, in connection with actions taken as re
ferred to in Art. 54a or 103a.
(9) The requested authority may recover the full costs incurred in relation to actions taken as referre
d to in Art. 103a from the amounts of sanctions or periodic proprietary sanctions collected on behalf of the r
equesting authority, including translation, labour and administrative costs. If the requested authority is unabl
e to collect the amounts of the sanctions and the periodic proprietary sanctions, it may request the requesting 
authority to bear the costs incurred.
(10) The requested authority may recover the costs incurred in connection with the enforcement of 
such decisions from the undertaking against which the sanction or the periodic proprietary sanction is enforc
eable.
(11) The requested authority shall recover the amounts due in the currency of its Member State, in a
ccordance with the laws, regulations and administrative procedures in that Member State. If necessary, the r
equested authority shall, in accordance with its national law and practice, convert sanctions or periodic propr
ietary sanctions into the currency of the Member State of the requested authority at the exchange rate applica
ble on the date on which the sanctions or periodic proprietary sanctions were imposed.
(12) The proprietary sanctions imposed by the act under Para. 2, item 3, issued by another competit
ion authority of a Member State of the European Union, for which cross-border enforcement has been reque
sted by the Commission, shall be collected by the order of the Tax-Insurance Procedure Code .
(13) All enforced amounts shall be transferred to the account of the Commission, which shall deduc
t the costs incurred by it, and then convert the balance into the currency of the Member State of the requeste
d authority at the exchange rate applicable on the date on which the sanctions or periodic proprietary sanctio
ns were imposed.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Chapter twelve.  
PROCEDURE OF FINDINGS OF INFRINGEMENT AND IMPOSITION OF SANCIONS UNDER 
CHAPTERS SEVEN AND SEVEN “B” (TITLE SUPPL. – SG 56/15, AMEND. – SG 17/21, IN FORC
E FROM 26.02.2021)  
Initiation of the procedure, investigation and finalization of the procedure.  
Art. 94. (1) (Suppl. – SG 56/15, amend. – SG 17/21, in force from 26.02.2021) The proceedings for 
establishing a violation and imposing a sanction under Chapter Seven shall be instituted on the grounds of A
rt. 38, Para. 1, items 1 and 3 . The proceedings for establishing a violation and imposing a sanction under C
hapter Seven "b" shall be instituted on the grounds of Art. 38, Para. 1, items 1 and 9. The decision for initiati
ng proceedings upon initiative of the Commission on the grounds of Art. 38, Para. 1, item 1 shall not be subj
ect to appeal.
(2) (Amend. – SG 17/21, in force from 26.02.2021) The request under Art. 38, Para. 1, items 3 and 
9 shall be submitted according to a sample, approved by the Commission, and must meet the requirements o
f Art. 71, Para. 1 . In the cases under Art. 38, Para. 1, item 9, to the request must also be attached an annual 
financial report of the supplier for the previous financial year.
(3) (New – SG 17/21, in force from 26.02.2021) Upon finding of irregularities in the request under 
Art. 38, Para. 1, item 9, within 30 days from its receipt, the Commission shall send to the sender of the reque
st a notice for their removal within 7 days. In case the irregularities have not been eliminated within the give
n term, the Chairman of the Commission by order shall refuse to initiate proceedings.
(4) (New – SG 17/21, in force from 26.02.2021) The sender of the request under Art. 38, Para. 1, it
em 9 shall be notified within 7 days from the issuance of the order by which the Chairman of the Commissio
n refuses to initiate proceedings by the order of Para. 3 and of Art. 38, Para. 4. The notification shall state th
e reasons for the refusal.
(5) (Previous Para. 3, suppl. – SG 17/21, in force from 26.02.2021) The Chairperson of the Commis
sion, by a resolution, shall initiate the proceedings, for which he notifies the claimant, and shall appoint a me
mber of the Commission, who shall monitor the investigation. It shall be carried out by the working team, as 
determined under Art. 39, Para 2 .
(6) (New – SG 17/21, in force from 26.02.2021) The Commission may constitute interested parties 
at their reasoned request or on its own initiative.
(7) (Previous Para. 4, amend. – SG 17/21, in force from 26.02.2021) In the investigation under Cha
pter Seven, the Commission shall exercise the powers under Art. 45, items 1, 2 and 4 , and in the cases unde
r Art. 34a - the powers under Art. 45, items 3 and 7 as well.
(8) (New – SG 17/21, in force from 26.02.2021) In the investigation under Chapter Seven "b", the 
Commission shall exercise the powers under Art. 45, items 1, 2, 3, 4 and 6.
(9) (New – SG 17/21, in force from 26.02.2021) While investigating, in the cases of misleading and 
unauthorized comparative advertising under Art. 34a, the Commission as a competent body shall directly ex
ercise the powers provided in Art. 9, Para. 3 of Regulation (EU) 2017/2394.
(10) (New – SG 17/21, in force from 26.02.2021) The Commission shall take measures for appropri
ate protection when the persons under Art. 38, Para. 1, item 9 , who have submitted the request, indicate tha
t the disclosure of the identity of the claimant or of members of producer organizations, of suppliers or their 
associations or members of member organizations or of suppliers on whose behalf a request has been submit
ted by other organizations with a legal interest, as well as of any other information which they consider to be 
detrimental to their interests, if disclosed.
(11) (New – SG 17/21, in force from 26.02.2021) The persons who have submitted a request under 
Art. 38, Para. 1, item 9 , shall indicate any information for which they require protection, as the conditions a
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.nd the order for protection of this information shall be settled by rules by the order of Art. 55, Para. 5 , adop
ted by the Commission.
(12) (New – SG 17/21, in force from 26.02.2021) The conditions and the procedure for protection o
f the identity of the persons under Art. 38, Para. 1, item 9  shall be settled by the order provided for in intern
al rules under Art. 49, Para. 3 , adopted by the Commission.
(13) (New – SG 17/21, in force from 26.02.2021) Before concluding the investigation, the Commis
sion shall notify in accordance with the Administrative-Procedure Code  the parties and the constituted int
erested parties of the option within 14 days from the notification to get acquainted with the materials in the f
ile under the conditions of Art. 55. Within 7 days from the acquaintance, the parties and the interested perso
ns may submit an opinion.
(14) (Previous Para. 5, amend. – SG 17/21, in force from 26.02.2021) After concluding the investig
ation, the work team shall prepare a report, which shall be submitted to the member of the Commission supe
rvising the proceedings.
(15) (Previous Para. 6, amend. – SG 17/21, in force from 26.02.2021) The Chairman of the Commi
ssion shall, by a resolution, schedule the consideration of the report in an open session of the Commission. T
he parties shall be notified by the order of the Administrative-Procedure Code of the option to get acquainte
d with the materials of the file under the conditions of Art. 55 within 7 days, as well as about the date of the 
session. The parties to the proceedings and the interested parties shall be heard at the hearing. The Commissi
on may, at its discretion, hear other persons.
 
Alternative dispute resolution  
Art. 94a. (New – SG 17/21, in force from 26.02.2021) In view of resolving the dispute on the initiat
ed proceedings under Chapter Seven "b" and before the final ruling, the Commission may propose to the par
ties to use mediation or another alternative way of settling the dispute voluntarily.
 
Burden of proof  
Art. 95. In the cases of Art. 32, the advertiser shall be the one, who must prove that the advertiseme
nt does not contain aspects, which make it prohibited.
 
Periods 
Art. 96. (1) (Amend. – SG 17/21, in force from 26.02.2021) The investigation under Chapter Seven 
shall be completed within two months from the initiation of the proceedings.
(2) (New – SG 17/21, in force from 26.02.2021) The investigation into proceedings instituted under 
Chapter Seven "b" shall be completed within 6 months from the initiation of the proceedings.
(3) (Previous Para. 2, suppl. – SG 17/21, in force from 26.02.2021) In cases, representing factual an
d legal complexity, the term under Para. 1 and 2 may be extended by 30 days.
 
Temporary Measures  
Art. 97. (1) (Amend. and suppl. – SG 17/21, in force from 26.02.2021) The Commission, at the req
uest of the parties, constituted interested parties or on its own initiative, where there is a risk of serious harm 
to the interests of consumers, competitors or suppliers of agricultural and food products, may, at any momen
t of the procedure impose a temporary measure:
1. prohibition to disseminate the advertisement, before it becomes available to the publicity, in case
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.s where the advertisement till has not been spread, but its dissemination is forthcoming and unavoidable;
2. suspension of the advertisement dissemination;
3. (new – SG 17/21, in force from 26.02.2021) suspension of the application of unfair commercial p
ractice under Chapter Seven "b".
(2) (Amend. - SG 77/18, in force from 01.01.2019) The temporary measure under Para 1 shall be ap
plied by a ruling, which shall be subject to immediate execution. The temporary measure shall be applied till 
the decision of the Commission on the merits of the case is taken. The ruling may be appealed under the ord
er of the Art. 64, para. 3 . Complaint shall not suspend execution of the ruling, except for the court orders ot
herwise.
 
Decision of the Commission  
Art. 98. (1) (Suppl. – SG 56/15, amend. – SG 17/21, in force from 26.02.2021) In connection with t
he procedure under Chapter Seven or Seven “b”, the Commission shall adopt a decision, by which:
1. it finds the committed infringement and the infringer, and imposes property sanction or a fine;
2. it decrees to stop the infringement;
3. it finds that no infringement has been committed against the law;
4. (amend. – SG 17/21, in force from 26.02.2021) terminates the procedure.
(2) (New – SG 17/21, in force from 26.02.2021) Proceedings shall be terminated:
1. under the conditions of Art. 41, item1, 2 and 4 ;
2. in case of withdrawal of the claim in proceedings under Chapter Seven and under Chapter Seven 
'b';
3. when the realized turnover of the supplier and the buyer does not meet the criteria under Art. 37g
, Para. 1 in the proceedings under Chapter Seven "b";
4. at the discretion of the commission, in the cases in which there is a danger of revealing the identi
ty of the persons, who have submitted a request under Art. 38, Para. 1, item 9 , or of other information, the 
disclosure of which according to the petitioner would harm his interests and provided that the petitioner has 
explicitly indicated this information in accordance with Art. 94, Para. 10, 11 and 12 ;
5. in the absence of legal interest.
(3) (Previous Para. 2 – SG 17/21, in force from 26.02.2021) The Commission may, regardless of th
e property sanctions for infringement under Art. 32, order to the advertiser and/or to the advertising agency t
o announce at their expense and in an appropriate manner the decision under Para 1, item 1 or part thereof, a
s well as the corrected advertisement in question.
(4) (Previous Para. 3 – SG 17/21, in force from 26.02.2021) Where the proceedings has been initiat
ed upon a signal, the person who filed the signal shall be notified of the decision taken by the Commission.
(5) (Amend. - SG 28/19, previous Para. 4 – SG 17/21, in force from 26.02.2021) The decision unde
r Para. 1, which establishes a violation of Art. 37, shall not be an obstacle for bringing a claim before the co
urt under the Trade Secrets Protection Act .
 
Division four.  
LIABILITY AND SANCTIONS  
Chapter thirteen.  
LIABILITY  
Administrative-punitive liability  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 99. (1) For infringement of provisions of this Act, save for the deed constitutes a crime, admini
strative-punitive liability shall be borne.
(2) (amend. - SG 77/18, in force from 01.01.2019) Property sanctions, periodical sanctions and fees 
under the Act shall be imposed by a decision of the Commission, which shall be subject to appellation under 
the order of the Art. 64, para. 3 .
 
Chapter fourteen.  
SANCTONS  
Property sanctions  
Art. 100. (1) Commission shall impose property sanction in amount up to 10 per cent of the aggreg
ate turnover of the previous financial year of an undertaking or association of undertakings, for:
1. (amend. - SG 2/18) infringement of Art. 15 or 21 of this Act or of Art. 101 and 102 of the Treaty 
on the Functioning of the European Union;
2. execution of a concentration without performing the obligation of Art. 24;
3. execution of a concentration under conditions and in a manner, different than these, on which Co
mmission has pronounced decision under Art. 82, Para 3, item 2 and 3 , Art. 85, Para 2, item 1  and Art. 8
8, Para 1, items 1 and 2 ;
4. execution of a concentration, which has been prohibited by the Commission by a decision as per 
Art, Para 1, item 3;
5. execution of a concentration, which is subject to obligatory preliminary notice as per Art. 24, bef
ore Commission has pronounced by a decision on Art. 82, Para 3, Art. 85, Para 2, item 1 and Art. 88, Para 1, 
except for hypotheses of Art 82, Para 5, Sentence Two, and Art. 88, Para 2, Sentence Two
6. infringement under Chapter Seven;
7. failure to fulfil decisions or rulings of the Commission.
(2) (New – SG 56/15, amend. – SG 17/21, in force from 26.02.2021) For violation of the prohibitio
ns under Art. 37b and 37c, the Commission shall impose on a buyer of agricultural and food products a prop
rietary sanction in the amount from BGN 5 000 to 300 000.
(3) (New – SG 17/21, in force from 26.02.2021) For violation under Art. 15 of this act and/or Art. 
101 of the Treaty on the Functioning of the European Union by an association of undrtakings, related to the 
activities of its members, the Commission shall impose a proprietary sanction on the association of up to 10 
percent of the total turnover of each member of the association operating on the market affected by the viola
tion, for the previous financial year.
(4) (New – SG 17/21, in force from 26.02.2021) When a sanction under Para 3 is imposed not only 
on an association, but also on its members, the turnover of its members, on whom a sanction has been impos
ed, shall not be taken into account when calculating the sanction of the association.
(5) (Prev. Para. 2 - SG 56/15, prev. Para. 3 - SG 17/21, in force from 26.02.2021) The Commission 
shall impose a proprietary sanction in the amount of up to one percent of the total turnover for the preceding 
financial year on an undertaking or association of undertakings for:
1. non-fulfillment of the obligation to assist as referred in Art. 46;
2. (new – SG 17/21, in force from 26.02.2021) opposition to an inspection under the order of Art. 5
0;
3. (prev. Para. 2 - SG 17/21, in force from 26.02.2021) breach of the integrity or destruction of the s
eals affixed during an on-site inspection under Art. 50;
4. (prev. item 3, amend. - SG 17/21, in force from 26.02.2021) untimely provision or provision of i
ncomplete, inaccurate, unreliable or misleading information in violation of the obligations under Art. 47, Pa
ra. 4 and 6 ;
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.5. (new – SG 17/21, in force from 26.02.2021) failure to fulfill the obligation under Art. 47, Para. 5
;
6. (prev. item 4 - SG 17/21, in force from 26.02.2021) non-fulfillment of the obligations under Art. 
67.
(6) (New - SG 17/21, in force from 26.02.2021) For violations under Para. 5 in the proceedings und
er Chapter Seven "b", the Commission shall impose a proprietary sanction in the amount of BGN 1 000 to 1
0 000.
(7) (Prev. Para. 3, amend. - SG 56/15, prev. Para. 4, amend. and suppl. - SG 17/21, in force from 26
.02.2021) In the decision imposing a proprietary sanction under Para. 5, items 1, 4 and 5, shall be indicated a 
term in which the party must fulfill its obligation to assist or to provide complete, accurate, reliable and non-
misleading information, or to appear and give explanations.
(8) (Prev. Para. 4 - SG 56/15, prev. Para. 5, amend. - SG 17/21, in force from 26.02.2021) When de
termining the amount of the proprietary sanction, taken into account shall be the gravity and duration of the i
nfringement, as well as the mitigating and aggravating circumstances in the obligation. The specific amount 
of the sanction shall be determined by the Commission in accordance with a methodology adopted by it and 
published on its website.
(9) (Prev. par. 5 – SG 56/15, prev. Para. 6 - SG 17/21, in force from 26.02.2021) Commission shall 
impose periodical property sanctions to an undertaking or to association of undertakings in amount of 5 per 
cent of the average daily turnover for the previous financial year for every one day of failure to perform:
1. a decision of the Commission to terminate the infringements, including by way of imposing appr
opriate measures for restoration of competition under the procedure of Art. 77, Para 1, item 4  or of Art. 90;
2. (suppl. - SG 17/21, in force from 26.02.2021) ruling of the Commission to impose temporary me
asures under Art. 56 and 97;
3. decision of the Commission to approve undertaken obligations under Art. 75, Para 2  and under 
Art. 88, Para 1, item 2 .
(10) (New - SG 17/21, in force from 26.02.2021) For non-fulfillment under Para. 9, items 1 and 2 i
n the proceedings under Chapter Seven "b", the Commission shall impose a proprietary sanction in the amou
nt from BGN 5 000 to 50 000.
(11) (Prev. par. 6 – SG 56/15, prev. Para. 7 - SG 17/21, in force from 26.02.2021) Commission shal
l impose periodical property sanctions to an undertaking or association of undertakings in amount up to one 
per cent of the average daily turnover for the previous financial year for every one day of :
1. (amend. – SG 56/15, amend. - SG 17/21, in force from 26.02.2021) failure to perform the obligat
ion to assist under Art. 46 after the elapse of the term, as set forth in the decision under Para. 7;
2. (amend. – SG 56/15, amend. - SG 17/21, in force from 26.02.2021) not providing complete, prec
ise, true or not misleading information under Art 47, Para 6  after the elapse of the term, stated in the decisio
n under Para. 7;
3. opposing an inspection under the procedure of Art. 50.
(12) (New - SG 17/21, in force from 26.02.2021) For violations under Para. 11 in the proceedings u
nder Chapter Seven "b", the Commission shall impose a proprietary sanction in the amount from BGN 5 000 
to 50 000.
(13) (Prev. Para. 7, amend. – SG 56/15, prev. Para. 8, amend. - SG 17/21, in force from 26.02.2021
) Periodical sanctions under Para. 9 and 11 shall be imposed for every one day till the unlawful action or ina
ction is stopped.
(14) (New - SG 17/21, in force from 26.02.2021) Proprietary sanctions for violation under Para. 1, i
tem 1 may also be imposed on a person who:
1. exercises control over the infringing undertaking, or
2. has acquired its assets as a result of a transformation in which the infringing undetaking has ceas
ed to exist as a legal entity, or
3. is an economic legal successor of the activity, through which the violation has been committed.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
Immunity from sanction and reduction of sanctions  
Art. 101. (1) (Amend. - SG 2/18, amend. and suppl.- SG 17/21, in force from 26.02.2021) The Com
mission may, upon a request of an undertaking as per Art. 38, Para 1, item 4 , grant immunity from property 
sanction for committed infringement under Art. 15 of this Act and/or Art. 101 of the Treaty on the Functioni
ng of the European Union, which infringement representing participation in a secret cartel, under the conditi
on that it discloses its participation in the cartel and submits before the other participants in it an evidence on 
the base of which the Commission can:
1. (amend. and suppl.- SG 17/21, in force from 26.02.2021) execute inspection on the spot and it is 
necessary at that moment that Commission had not at its disposal sufficient data and evidence in order to req
uire a court decision under the procedure of Art. 51, or;
2. (amend. and suppl.- SG 17/21, in force from 26.02.2021) prove the maintained infringement and 
it is necessary that up to this moment the Commission had not granted to another undertaking a conditional i
mmunity from sanctions, as well as it had not at disposal sufficient evidence, to pronounce a decision on fin
ding of infringement.
(2) (Amend. - SG 17/21, in force from 26.02.2021) Each enterprise may receive an exemption from 
a proprietary sanction when it meets the conditions under Para. 1, has fulfilled the requirements provided in t
he program under Para. 6 and has not taken actions to compel the other undertakings to participate in the car
tel.
(3) (Amend. - SG 2/18, amend. - SG 17/21, in force from 26.02.2021) Commission may reduce the 
property sanction imposed to an undertaking for committed infringement of Art. 15 of this Act and/or of Art
. 101 of the Treaty on the Functioning of the European Union, expressed in participation in a secret cartel, u
nder the condition that it voluntarily discloses its participation in the secret cartel, presents evidence of signif
icant importance to prove the infringement, and observes all conditions, as determined in the programme un
der Para. 6.
(4) (New - SG 17/21, in force from 26.02.2021) If the undertaking under Para. 3 presents sufficient 
evidence, which the Commission to use to prove additional facts, related to the violation, leading to an incre
ase of proprietary sanctions of the undertakings participating in the secret cartel, in comparison with the sanc
tions which would have been imposed without the presence of such evidence, the Commission shall not take 
into account these additional facts in determining the sanction of the undertaking under Para. 3.
(5) (Amend. - SG 2/18, prev. Para. 4, amend. - SG 17/21, in force from 26.02.2021) Immunity from 
sanction and reduction of sanction for infringement of Art. 15 of this Act or of Art. 101 of the Treaty on the 
Functioning of the European Union shall be admissible under the following conditions:
1. the undertaking has ceased to participate in the secret cartel at the latest as soon as it has submitte
d its request for immunity from or reduction of sanctions, unless the Commission has considered that the co
ntinuation of such participation is necessary for the investigation;
2. the undertaking cooperates voluntarily, continuously and fully with the Commission from the mo
ment of submitting the request until the end of the proceedings;
3. the undertaking has not destroyed, falsified or concealed evidence of the alleged secret cartel, an
d has not disclosed its intention to submit a request for immunity from a sanction or reduction of the sanctio
n.
(6) (Prev. Para. 5 - SG 17/21, in force from 26.02.2021) Terms and procedure for immunity from sa
nction or reduction of the sanction shall be determined in the Leniency Programme and its Rules of Impleme
ntation, adopted by a decision of the Commission.
 
Fines 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 102. (1) Natural persons, who contributed to commitment of infringements under the Law, if th
e deed does not constitute a crime, shall be punished with a fine in amount of from 500 up to 50 000 BGN.
(2) (Amend. - SG 17/21, in force from 26.02.2021) To persons, who do not provide within the set f
orth period evidence or complete, correct, true and not misleading information under Art. 47, Para 6 , a fine 
in amount from 500 to 25 000 BGN shall be imposed.
(3) In the decision , by which the fine under Para 2 is imposed, a period shall be set forth, within w
hich period the required evidence and information shall be provided. In event of failure to perform within th
at period, to the person periodical fine in amount 500, but not more than 20 000 BGN per day may be impos
ed.
(4) (Amend. – SG 56/15, amend.- SG 17/21, in force from 26.02.2021) When determining the amo
unt of the fine, the significance and duration of the infringement, the capacity in which the person acted, as 
well as the mitigating and the aggravating circumstances shall be taken in view. The concrete amount of the 
fine shall be determined following the methodology as per Art. 100, Para 8 .
(5) (New - SG 17/21, in force from 26.02.2021) No fine shall be imposed on the members of the m
anagement and control bodies and on other employees of the undertaking, which has submitted a request un
der Art. 101, Para. 1 , as well as on persons who at the time of committing the violation were in such capacit
y, provided that:
1. the request of the undertaking meets the conditions under Art. 101, Para. 1;
2. the persons actively cooperate with the Commission in the proceedings, and
3. the request under Art. 101, Para. 1 has been submitted before the notification of the persons abou
t the initiated proceedings.
 
Execution  
Art. 103. (1) (Previous text of Art. 103 - SG 17/21, in force from 26.02.2021) Proprietary sanctions 
and fines, imposed on the basis of entered into force decisions of the Commission, shall be collected by the 
order of the Tax-insurance Procedural Code .
(2) (New – SG 17/21, in force from 26.02.2021) In the event that a sanction has been imposed on a
n association of undertakings on the basis of the amount of the total turnover of its members and it is not in a
ble to make the payment, the association shall require its members to make contributions to cover the amoun
t of the sanction within the period specified by the Commission.
(3) (New – SG 17/21, in force from 26.02.2021) When the installments under Para. 2 have not been 
made in full within the specified period, the Commission may demand payment from any of the undertaking
s, whose representatives were members of the management or control bodies of the association.
(4) (New – SG 17/21, in force from 26.02.2021) In case the option referred to in Para. 3 has been e
xhausted, but there is an outstanding part of the sanction, the Commission may demand payment from any o
f the members of the association, carrying out activity on the market on which the violation has been commit
ted.
(5) (New – SG 17/21, in force from 26.02.2021) The proprietary liability of each member of the ass
ociation may not exceed 10 percent of its total turnover for the previous financial year.
(6) (New – SG 17/21, in force from 26.02.2021) Payment under Para. 4 shall not be required from u
ndertakings, which prove that they did not implement the decision of the association and had actively separa
ted from it before the proceedings in front of the Commission started.
 
Assistance in the implementation of decisions imposing sanctions or periodic proprietary sanc
tions 
Art. 103a. (New – SG 17/21, in force from 26.02.2021) (1) The Commission shall cooperate with t
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.he other national competition authorities in connection with the collection of sanctions or periodic proprietar
y sanctions on decisions that have entered into force, whereby upon request, it:
1. shall receive and render assistance when the requesting authority has established that the underta
king or association of undertakings, to which the sanction has been imposed, does not have sufficient assets i
n the Member State of the requesting authority;
2. may receive and render assistance in the cases which do not fall within the scope of item 1, inclu
ding when the undertaking or the association of undertakings, on which the sanction has been imposed, is no
t established in the Member State of the requesting body; in such cases, it shall not be necessary for the requ
esting authority to provide information showing its efforts to ensure implementation of the decision in its ter
ritory.
(2) The legality of a decision to be enforced and of the uniform instrument allowing enforcement in 
the Member State of the requested authority shall be appealed before the competent authorities of the Memb
er State of the requesting authority in accordance with the legislation of that Member State.
(3) Implementing measures taken in the Member State of the requested authority shall be appealed 
before the competent authorities of the Member State of the requested authority in accordance with the law o
f that Member State.
(4) The national law of the Member State of the requesting authority shall apply with respect to the 
limitation periods for the execution of decisions imposing sanctions or periodic proprietary sanctions.
 
Claims for compensation  
Art. 104. (revoked - SG 2/18)
Chapter fifteen.  
LIABILITY FOR DAMAGES IN TORT (NEW - SG 2/18)  
Section I.  
General rules (new - SG 2/18)  
Actions for damages  
Art. 105. (new - SG 2/18) (1) For damages caused as a result of infringements committed under this 
Act, the guilty party shall pay compensation.
(2) All natural and legal persons, to which damages were caused, have the right to full compensatio
n, even if the infringement was not directed against them directly.
(3) Actions for damages are brought in accordance with the Civil Procedure Code.
(4) The decision of the Supreme Administrative Court in force, which confirms a decision of the C
ommission to establish an infringement of the law, has a binding force for the civil court on the fact of the of
fense and the infringer. The binding force for the civil court on the fact of the offense and the infringer also 
has a decision of the commission, which has not been appealed or the appeal against it has been withdrawn.
Compensation in full  
Art. 106. (new - SG 2/18) (1) Compensation in full places the injured person in the situation in whi
ch it would have been if the breach of competition law has not been committed.
(2) Compensation in full covers the right to compensation for the loss suffered and for the lost bene
fits together with the due legal interest.
(3) Compensation in full can not be excessive in relation to the damage suffered.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Section II.  
Liability for Damages in Tort following an infringement under chapters three and four and under Art
. 101 and 102 of the Treaty on the Functioning of the European Union (new - SG 2/18)  
Transfer of overcharges  
Art. 107. (new - SG 2/18) (1) Anyone who has suffered damage, whether direct or indirect purchase
r, is entitled to compensation.
(2) Compensation may also be sought where the infringement of competition law is linked to a sup
ply for the undertaking, which committed the infringement.
(3) Compensation for the losses incurred at each level of the supply chain can not exceed the overc
harge at this level.
(4) The injured party is entitled to compensation for lost profits, including full or partial transfer of 
the overcharge over the supply chain.
(5) The court determines the amount of the overcharge that has been transferred to another level of t
he supply chain.
An objection to a transferred overcharge  
Art. 108. (new - SG 2/18) Defendant in a actions for damages may object, that the plaintiff has tran
sferred all or part of the overcharge in the supply chain. The defendant must prove the facts on which he bas
es his objection.
Indirect purchasers  
Art. 109. (new - SG 2/18) (1) In assessing the merits of the action for damages and determining the 
amount of compensation the court shall ascertain whether and to what extent an overcharge has been transfe
rred to the plaintiff. The existence and extent of this transfer are proved by the plaintiff.
(2) Unless proved otherwise, it shall be assumed that there is a transfer of overcharge value when th
e indirect purchaser has proven that:
1. the defendant committed an infringement of competition law;
2. the infringement of competition law has led to an overcharge for the direct purchaser, and
3. the indirect purchaser has purchased the goods or services which are the subject of the infringem
ent or has purchased goods or services obtained or containing such goods and services.
Actions for damages from plaintiffs at different levels of the supply chain  
Art. 110. (new - SG 2/18) (1) In assessing the liability of the infringer in actions for damages, brou
ght by plaintiffs at different levels of the supply chain, the following circumstances are relevant:
1. the existence of actions for damages which are linked to the same infringement but are brought b
y plaintiffs from other levels of the supply chain;
2. judgments on actions for damages referred to in item 1;
3. publicly available information on the enforcement of competition law by the competent authoriti
es.
(2) Para. 1 shall not affect the powers of national courts according to Art. 30 of Regulation (EU) No 
1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the reco
gnition and enforcement of judgments in civil and commercial matters (OB, L 351/1 of 20 December 2012).
Limitation  
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Art. 111. (new - SG 2/18) (1) The limitation period begins to run from the day of the cessation of th
e infringement provided that the plaintiff knows or can be expected to know of:
1. the conduct which constitutes an infringement of competition law;
2. the damage caused to him, and
3. the infringer.
(2) The limitation period is interrupted by initiating a procedure by an authority for protection of co
mpetition for establishing a committed infringement. During the proceedings before the Commission, limitat
ion does not run as a new limitation period begins to run one year after the entry into force of the decision, e
stablishing an infringement or the closure of the proceedings before the authority.
(3) In the case of an action for damages against an immunity recipient the limitation period begins t
o run as soon as it is established, that full compensation can not be obtained from the other infringers, who a
re jointly liable for the damages caused.
(4) In the case of out-of-court settlement of an action for damages limitation period does not run un
til the settlement of the dispute lasts, and only in respect of the parties involved.
 
Out-of-court settlement of an actions for damages  
Art. 112. (new - SG 2/18) (1) When the court is approached with action for damages, may suspend t
he proceedings brought before it for a period of up to two years, where the parties are involved in an out-of-
court settlement of the dispute which is the subject of the case.
(2) When reaching an out-of-court settlement of the dispute the claim of the injured party concerne
d on the damages caused to him by the infringement is reduced by the share of the co-infringer of the infring
ement agreed with him. The remainder of the injured party's claim may be brought only against co-infringer
s not involved in the settlement.
(3) When not involved in the settlement of the dispute co-infringers can not pay damages, correspo
nding to the remainder of the injured party's claim, involved in the settlement of the dispute, the latter may b
ring the remainder of his claim against the co-infringer involved in the dispute settlement. The application of 
this provision may be expressly excluded by the parties in the settlement of the dispute.
Assessing the amount of damage  
Art. 113. (new - SG 2/18) (1) At the request of the court, the Commission, within the scope of its co
mpetence, assists it in assessing the amount of the damage where this is necessary to protect the interests of t
he injured person.
(2) Until proven otherwise, it is assumed that the cartel is causing damage.
(3) If it is found that the plaintiff has suffered damage, the court shall award compensation in accor
dance with Art. 162 of the Civil Procedure Code , even where, on the basis of the evidence available, it is i
mpossible to assess with precision the amount of damage caused.
Effect of the decisions of the competition authorities or of the courts of the Member States of t
he European Union  
Art. 114. (new - SG 2/18) (1) Decision in force of a competition authority or a court of another Me
mber State of the European Union which establishes an infringement of competition law may be submitted a
s evidence in damages proceedings. Until the contrary is proved, the court must accept the fact of the offens
e and the infringer as a matter of fact.
(2) Regarding the effect of decisions of the European Commission shall apply Article 16 of Regulat
ion (EC) No 1/2003.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Joint and several liability  
Art. 115. (new - SG 2/18) (1) Where the infringement of competition law has been committed by t
wo or more undertakings or associations of undertakings they are jointly and severally liable for the damage 
caused by the breach.
(2) Without prejudice to the right to compensation in full where the co-infringer is a small or mediu
m enterprise within the meaning of the Act on the Small- and Medium-Size Enterprises  it is liable only to 
its direct and indirect purchasers or suppliers when:
1. its market share in the relevant market was below 5% throughout the infringement period, and
2. the application of the rules on joint and several liability would irreparably threaten its economic 
viability and would cause his assets to lose their full value.
(3) The exception under para. 2 shall not apply where:
1. the small or medium-sized enterprise had a leading role in committing the infringement or had co
mpelled other enterprises to participate, or
2. it is established that a small or medium-sized enterprise has already committed an infringement o
f competition law.
(4) An immunity recipient is jointly and severally liable, as follows:
1. to their direct and indirect purchasers or suppliers, and
2. to other injured parties only when full compensation can not be obtained from the other undertak
ings which participated in the same infringement.
Regressive claim  
Art. 116. (new - SG 2/18) (1) A co-infringer, who has paid more than his share shall be entitled to a 
regressive claim against any other co-infringer for the difference according to their relative liability for dama
ges caused by the infringement of competition law. The amount owed by a co-infringer who is an immunity 
recipient can not exceed the amount of the damage he has caused to his direct or indirect purchasers or suppl
iers.
(2) In the case of damage caused to persons other than direct or indirect purchasers or suppliers of i
nfringers the sum due to the other co-infringers of an immunity recipient shall be determined by reference to 
his relative liability for such damage.
(3) A co-infringer of an infringement of competition law, not involved in an out-of-court settlement 
of the damage, caused by the infringement, has no right of regressive claim against a co-infringer involved i
n the settlement of the dispute.
(4) When determining the amount that the court may award to a co-infringer involved in out-of-cou
rt settlement of the dispute in his regressive claim against another co-infringer shall be taken into account bo
th the relative liability of infringers for the damages caused by the infringement and the amount of all compe
nsations paid out of the out-of-court settlement of the dispute.
Provision of evidence  
Art. 117. (new - SG 2/18) (1) Upon a reasoned request by the plaintiff, based on reasonably availab
le facts and evidence the court may order the defendant or third party to provide the evidences relevant to th
e case, which are under their control. The defendant also has the right to request the provision of evidence re
levant to the case. This paragraph shall be without prejudice to the powers of the court under the Council Re
gulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the 
taking of evidence in civil or commercial matters ( ОВ, L 174/1 of 27 June 2001).
(2) The court shall order the provision of evidences which are set out as specifically and precisely a
s possible in the evidentiary request.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(3) The court assesses the proportionality of the evidentiary claim taking into account the legitimate 
interests of all concerned parties and third parties, assessing:
1. the extent to which the plaintiff's claim or defense of the defendant is supported by the facts and 
evidence which justify the request for provision of evidences;
2. scope and cost of providing evidence, especially for third parties by not allowing unspecified req
uests for provision of evidences, which are not relevant to the parties;
3. whether the evidences which presentation is required contain confidential information, particularl
y that relating to third parties and the existing regime for the protection of such confidential information.
(4) The court shall order the provision of evidences containing confidential information, in cases w
here it considers them to be relevant to the action for damages. The court shall take effective measures to pr
otect the evidences, containing a business, trade or other secret protected by law.
(5) The court shall apply the applicable European Union law and the national legislation of the Rep
ublic of Bulgaria on the protection of professional secrecy.
(6) Before ordering the provision of evidence, the court may allow the persons required to submit t
heir evidences to be heard.
(7) It is inadmissible to refuse to provide evidence because of the possibility of using them against t
he person from whom they are requested in claims for damages as a result of an infringement of competition 
law.
Presentation of evidence collected on the correspondence of a competition authority  
Art. 118. (new - SG 2/18) (1) When ordering the presentation of evidence collected on the correspo
ndence of a competition authority, court assesses the proportionality of the evidentiary claim in accordance 
with Art. 117, para. 3 , taking into account also the following circumstances:
1. whether the request is formulated specifically with regard to the nature, subject matter and conte
nt of the documents or is formulated as a request of general nature;
2. whether the party requesting provision of them has made it in connection with an action for dama
ges before a national court, and
3. the need to ensure the effective application of competition law by public authorities in accordanc
e with para. 2 and 4 or at the request of a competition authority in accordance with par. 9.
(2) The court orders the competition authority to provide evidences contained in its correspondence 
when a party or third party is unable to provide that evidence.
(3) It is not permissible to collect evidence constituting internal documents of the competition autho
rity, including its correspondence with other competition authorities.
(4) The Court may order the production of the following evidence only after the competition author
ity has concluded the proceedings before itself by way of a decision or on any other grounds:
1. information which has been prepared by a natural or legal person specifically for proceedings bef
ore a competition authority;
2. information which has been prepared by a competition authority and has been sent to the parties i
n the course of its proceedings;
3. applications for an agreement having been withdrawn.
(5) It is not allowed to collect the following evidences:
1. a request for immunity from sanctions or a reduction of sanctions, and
2. request reaching an agreement.
(6) At the request of the plaintiff, the court may verify whether the content of the evidences referred 
to in para. 5 corresponds to the definitions in § 1, items 34 and 36 of the additional provisions . No other p
arty or third party shall be given access to such evidences. When conducting the verification, the court may s
eek assistance from the competent competition authority only. The request senders under para. 5 have the rig
ht to be heard before the court.
(7) In the event that para. 5 applies only to parts of the requested evidences, the court shall assess th
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.em for the remainder according to para. 1 - 6.
(8) The competition authority may, at its discretion, submit written objections regarding the proport
ionality of the request for evidence before the court.
Restrictions on the use of evidence obtained only through access to the correspondence of a co
mpetition authority  
Art. 119. (new - SG 2/18) (1) The evidences listed in Art. 118, para. 5  which are received by a nat
ural or legal person only by exercising its right of access to the correspondence of a competition authority ar
e inadmissible on actions for damages.
(2) The evidences listed in Art. 118, para. 4 which are received by a natural or legal person only by 
exercising its right of access to the correspondence of a competition authority are inadmissible on actions for 
damages, before the competition authority has concluded the proceedings before itself by way of a decision 
or on any other grounds.
(3) The evidences, received by a natural or legal person only by exercising its right of access to the 
correspondence of a competition authority and which do not fall within the scope of para. 1 or 2, can only be 
used for actions for damages, brought by that person or by a natural or legal person, who has assumed his rig
hts, including a person who has acquired his right to a claim.
Property sanctions and fines  
Art. 120. (new - SG 2/18) (1) The natural persons who are parties, third parties or their representati
ves shall be punished by the court with a fine in the amount of BGN 500 to BGN 50 000 in case of:
1. non-fulfilment of the court order to provide evidence;
2. destruction of evidence relevant to the case;
3. non-fulfilment of the obligations imposed by the court order to protect confidential information;
4. infringement of the restrictions on the use of evidences, provided in Art. 118 and 119.
(2) Legal persons, which are parties, third parties or their representatives shall be punished by the c
ourt with a property sanction in the amount of BGN 5000 to BGN 500 000 in case of:
1. non-fulfilment of the court order to provide evidence;
2. destruction of evidence relevant to the case;
3. non-fulfilment of the obligations imposed by the court order to protect confidential information;
4. infringement of the restrictions on the use of evidences, provided in Art. 118 and 119.
(3) The court may also accept as proven the facts about which the party has created obstacles as wel
l as to adjudicate the costs of the case in burden of the party at fault.
Additional provisions  
 
§ 1. In the meaning of this Act:
1. (suppl. – SG 17/21, in force from 26.02.2021) "Internal documents" are: documents created by th
e Commission and/or by the administration within the course of the proceedings under this Act (drafts, opini
ons, reports of working teams, memorandums, etc.); documents presenting correspondence of the Commissi
on with the European Commission, with the competition authorities of the Member-States of the European u
nion, with law enforcement authorities under Directive (EU) 2019/633, with the competent national authoriti
es under Regulation (EU) 2017/2394; other documents of the Commission and/or the administration, connec
ted with its operative activity.
3. "Fair trade practice" shall be the rules, determining the market behaviour, which arise from the la
ws and the custom trade relations and do not harm the good moralities.
3. "Electronic evidence" is evidence, collected by an undertaking or association of undertakings dur
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ing an inspection is carried out, in electronic format, by way of copying electronic documents or statements i
n electronic format.
4. "Interested person" is a person, undertaking or association of undertakings, whose interests may 
be impacted by an infringement of the Law.
5. (amend. - SG 2/18) "Cartel" is an agreement and/or coordinated practice between two or more un
dertakings in order to coordinate their competitive behavior on the relevant market or influencing relevant c
ompetition parameters through practices, such as setting or coordinating purchase or sales prices or other tra
ding conditions, including with regard to intellectual property rights, setting quotas for production and sales, 
market and customer sharing, including manipulation of public auctions or procurements, restrictions on imp
orts or exports or anti-competitive actions against other competitors.
6. "Periodical property sanction" is a pecuniary sanction, determined as a concrete amount, which is 
imposed per day to an undertaking in order to force it to stop infringement of the law or to execute a concret
e action, as decreed by the Commission on the grounds of its powers assigned by this Act.
7. "Undertaking" is every natural, legal person or a non-personified entity, which carries out busine
ss activity, not depending on its organizational form.
8. "Continued infringement " is this infringement, where two or more deeds – actions or inactions, a
re performed during not long periods from time to time in one and the same factual circumstances, whereas t
he forthcoming ones appear as an extension to the previous.
9. "Production or trade secret" are facts, information, decisions and data connected with the busines
s activity, and keeping in secret of which is in the interested of the entitled persons, for which they have take
n appropriate measures.
10. "Professional secret"
a) any information, which Commissions creates or acquires for the purposes of the investigation un
der this Act or in connection with it or dissemination of which may endanger the business interests or the pre
stige of the parties to the correspondence or of a third person; professional secret does not present service se
cret in the meaning of the Protection of the Classified Information Act;
b) (suppl. – SG 17/21, in force from 26.02.2021) information, exchanged between the Commission, 
the national competition authorities of the Member-States, and the European Commission, as well as the inf
ormation exchanged between the Commission and the national law enforcement authorities under Directive 
(EU) 2019/633 and the European Commission and between the Commission and the competent national aut
horities under Regulation (EU) 2017/2394 and the European Commission in connection with execution of th
eir powers and the co-operation between them.
Information, available to the public or is subject to public announcement according this Act or unde
r another Act shall not be considered "Professional secret".
11. "Advertisement" is any message in connection with trade, craft or a profession, which aims to e
ncourage the realization of goods and services, including real property, rights and obligations.
12. "Association of undertakings" is an association on professional basis and other forms of associa
tion of independent undertakings, which does not perform separately self-dependent business activity and re
spectively does not share profit.
13. "Business activity" is the activity of undertakings, results of which are purposed for market exc
hange.
14. "Concerted practice" shall be coordinated actions or inactions of two or more undertakings.
15. "Relevant market" consists of:
a) "product market", where all goods and services which can be accepted as interchangeable with re
gard to their characteristic, purposes and prices are included;
b) "geographic market", includes a definite territory, where the respective interchangeable goods or 
services are offers and where the competition term are equal and defer from these in neighbouring regions.
16. (amend. - SG 2/18, suppl. – SG 17/21, in force from 26.02.2021) "Grave infringement" is an inf
ringement under Art. 15 and 21 of this Act and/or under Art. 101 and 102 of the Treaty on the Functioning o
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.f the European Union, which impacts or could impact significantly and durably within the time the competiti
on environment on a substantial part of the national market, as well as all cases of cartel.
17. "Forensic evidence" is evidence, collected upon inspection on spot by specialized technical devi
ces (forensic laboratory) for restoration, certification the authenticity and analysis of digital information, pre
senting an exact copy (forensic image) of the concrete carrier of that information.
18. "Digital evidence" is information of evidential quality, which is being kept or transferred in digi
tal format.
19. (new - SG 2/18) "Infringement of competition law" is an infringement of Art. 101 or 102 of the 
Treaty on the Functioning of the European Union or of Art. 15 or 21 of this Act.
20. (new - SG 2/18) "Infringer" means the undertaking or association of undertakings which has co
mmitted an infringement of competition law.
21. (new - SG 2/18) "National competition law" are the provisions of national law which in principl
e regulate the same social relations as those under Art. 101 and 102 of the Treaty on the Functioning of the 
European Union and which are applied in the same case, along with competition law of the Union under Arti
cle 3 paragraph 1 of Regulation (EC) № 1/2003, excluding the provisions of national law which provid
e for the imposition of a fine on natural persons, except in so far as fines are a punitive measure e
nsuring the application of the competition rules applicable to undertakings.
22. (new - SG 2/18) "Co-infringer" is a participant in an infringement of competition law committe
d by more than one infringer.
23. (new - SG 2/18) "Action for damages " is an action in which a claim is made before a court for 
damages, suffered by a person claiming to be injured, or acting on behalf of one or several persons claiming 
to be injured, or by a natural or legal person, who is the legal successor of a person, claiming to be injured, i
ncluding the person who has acquired the right to claim.
24. (new - SG 2/18) "Claim for damages" is a claim for compensation for damages caused by an inf
ringement of competition law.
25. (new - SG 2/18) "Injured Person" is a natural or legal person who has suffered damage as a resu
lt of an infringement of competition law.
26. (new - SG 2/18) "National Authority for the Protection of Competition" is a Authority designate
d by a Member State under Article 35 of Regulation (EC) No 1/2003 as being responsible for the implement
ation of Art. 101 and 102 of the Treaty on the Functioning of the European Union.
27. (new - SG 2/18) "Authority for the Protection of Competition" is the European Commission or 
a Authority designated by a Member State pursuant to Article 35 of Regulation (EC) No 1/2003 as responsib
le for the application of Art. 101 and 102 of the Treaty on the Functioning of the European Union on its terri
tory, or both, depending on the context.
28. (new - SG 2/18) "National court" is a court or a jurisdiction of a Member State within the meani
ng of Article 267 of the Treaty on the Functioning of the European Union;
29. (new - SG 2/18) "Court, exercising judicial control" is a national court which, in the ordinary co
urse of appeal, has the power to exercise judicial control on the acts of a national competition authority or on 
court acts, issued on acts of a national competition authority irrespective of whether that court has the power 
to ascertain infringements of competition law.
30. (new - SG 2/18) "Decision to ascertain an infringement" is a decision of a competition authority 
or a court exercising judicial control which ascertains an infringement of competition law.
31. (new - SG 2/18) "Final decision to ascertain an infringement" is a decision to ascertain an infrin
gement which can not be appealed or can no longer be appealed under the general procedure.
32. (new - SG 2/18) "Evidences" are all types of evidences regardless of their source admissible bef
ore the national court and in particular documents and all other items containing information, regardless of t
he medium on which it is stored.
33. (new - SG 2/18) "Leniency program" is a program related to the implementation of Article 101 
of the Treaty on the Functioning of the European Union or of the Art. 15, on the basis of which a participant 
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.in a secret cartel, regardless of the other undertakings involved in the cartel, cooperates in an investigation c
onducted by a competition authority, as he voluntarily provides the data available to him about the cartel and 
the role of the participant in return for which, by decision or by termination of proceedings, the participant is 
an immunity recipient for his participation in the cartel or the amount of his sanction is reduced.
34. (new - SG 2/18) "Leniency statement" is an oral or written voluntary statement made before a c
ompetition authority by an undertaking or natural person or on their behalf describing their knowledge of a p
articular cartel and the role of the undertaking or the natural person in it as the statement being made for part
icipation in a leniency program and it does not including already existing information.
35. (new - SG 2/18) "Already existing information" is data which exist independently of proceeding
s before a competition authority regardless of whether such information is contained in the correspondence o
f competition authority.
36. (new - SG 2/18) "Request for reaching an agreement" is a voluntary statement made by an unde
rtaking or on its behalf before a competition authority, which contains confirmation from the undertaking or 
refusal to contest its participation in an infringement of competition law, as well as its liability for this infrin
gement of competition law as the statement was made for the purpose of implementing a simplified or accel
erated procedure.
37. (new - SG 2/18) "Immunity recipient" undertaking which, or a natural person who, has been gra
nted immunity from fines by a competition authority under a leniency program.
38. (new - SG 2/18) "Overcharge" is the difference between the price actually paid and the price wh
ich would have been determined in the absence of an infringement of competition law.
39. (new - SG 2/18) "Out-of-court dispute settlement" is any method that allows the parties to resol
ve the dispute concerning the claim for damages out of court.
40. (new - SG 2/18) "Consensual settlement" is an agreement reached through consensual dispute r
esolution.
41. (new - SG 2/18) "Direct Purchaser" is a natural or legal person who has acquired directly from t
he infringer products or services, which are subject to an infringement of competition law.
42. (new - SG 2/18) "Indirect purchaser" is a natural or legal person who has acquired indirectly fro
m the infringer, but from a direct purchaser or a subsequent purchaser products or services, which are subjec
t to an infringement of competition law, or products or services containing or derived from such products or 
services.
43. (new - SG 2/18) "Supply Chain" The supply chain exists when goods or services are transferred 
successively to different levels of trade in original or processed form, until the final product is made availabl
e on the market.
44. (new – SG 17/21, in force from 26.02.2021) "Enforcement proceedings" shall mean proceeding
s before a competition authority for the application of Art. 101 or 102 of the Treaty on the Functioning of th
e European Union, until that competition authority has closed such proceedings by taking a decision establis
hing violations under this law, as well as under Art. 101 and 102 of the Treaty on the Functioning of the Eur
opean Union; the sanctions provided by law shall be imposed; ordered shall be the cessation of violations, in
cluding by imposing appropriate behavioural and/or structural measures to restore competition; it shall be es
tablished that there are no grounds for taking action for a committed violation under Art. 101 and 102 of the 
Treaty on the Functioning of the European Union; imposed shall be temporary measures in the cases provide
d by law; approved shall be the undertaking of obligations by undertakings, in case it is taken by a national c
ompetition body, or by a decision referred to in Art. 7, 9 or 10 of Regulation (EC) № 1/2003, in the case o
f the Commission, or as long as the competition authority has not concluded that there are no grou
nds for further action on its part.
45. (new – SG 17/21, in force from 26.02.2021) "Secret cartel" shall mean a cartel whose existence 
is partially or completely concealed.
46. (new – SG 17/21, in force from 26.02.2021) "Immunity from sanctions" shall mean an exempti
on from sanctions which would otherwise be imposed on an undertaking for its participation in a secret carte
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.l, in order to reward it for its cooperation with a competition authority in the framework of a Leniency Progr
amme.
47. (new – SG 17/21, in force from 26.02.2021) "Reduction of sanctions" shall mean a reduction in 
the size of the sanction that would otherwise be imposed on an undertaking for its participation in a secret ca
rtel, in order to reward it for its cooperation with a competition authority in the framework of a Leniency Pro
gramme.
48. (new – SG 17/21, in force from 26.02.2021) "Immunity from sanctions or reduction of their size
" shall mean both immunity from sanctions and reduction of their size.
49. (new – SG 17/21, in force from 26.02.2021) "Applicant" shall mean an undertaking that applies 
for immunity from sanctions or reduction of their size within the framework of a Leniency Programme.
50. (new – SG 17/21, in force from 26.02.2021) "Requesting authority" shall be a national competit
ion authority, which submits a request for rendering mutual assistance under Art. 54, 54a, 93, 93a and 103a.
51. (new - SG 17/20, in force from 26.02.2021) "Requested authority" shall be a national competiti
on body, which receives a request for rendering mutual assistance, and in case of a request for assistance un
der Art. 54, 54a, 93, 93a and 103a, it is the competent public authority which has the main responsibility for 
the implementation of such decisions under national laws, regulations and administrative practice.
52. (new – SG 17/21, in force from 26.02.2021) "Economic succession" shall exist when, regardles
s of whether the infringing undertaking exists or has been deleted before the issuance of a final decision for i
mposing proprietary sanctions, the activity with which the infringement was committed has been transferred 
or is carried out by another operator, in circumstances which fall outside normal market conditions and whic
h can only be explained by an attempt to avoid liability for the infringements committed. In all cases, there i
s economic succession when an undertaking, with which the offender is under common control, takes over t
he activity with which the infringement was committed.
53. (new – SG 17/21, in force from 26.02.2021) "Agricultural and food products" shall mean the pr
oducts listed in Annex I to the Treaty on the Functioning of the European Union, and products not listed in t
his Annex, but obtained from the processing of the products listed in the Annex for use as food.
54. (new – SG 17/21, in force from 26.02.2021) "Perishable agricultural and food products" shall m
ean agricultural and food products which, due to their nature or due to the stage of processing at which they 
are found, are likely to become unfit for sale within 30 days of harvest, production or processing.
55. (new – SG 17/21, in force from 26.02.2021) "Buyer of agricultural and food products" shall me
an any natural or legal person, regardless of its place of establishment, or any public body, who buy agricult
ural and food products, including a group of such individuals and legal entities.
56. (new – SG 17/21, in force from 26.02.2021) "Supplier of agricultural and food products" shall 
mean any agricultural producer or any natural or legal person, regardless of their place of establishment, wh
o sell agricultural and food products. The term "supplier" may include a group of such farmers or a group of 
such natural and legal persons such as producer organizations, supplier organizations and associations of suc
h organizations.
57. (new – SG 17/21, in force from 26.02.2021) "Public body" shall mean the national, regional or l
ocal bodies, public-legal organizations or associations of one or several such bodies or of one or several suc
h public-legal organizations.
58. (new – SG 17/21, in force from 26.02.2021) "Infringrmrnts which fall within the scope of Regul
ation 2017/2394" shall mean:
a) an infringement within the European Union is any action or inaction constituting misleading or u
nlawful comparative advertising which has harmed, is harming or is likely to harm the collective interests of 
consumers residing in a Member State other than that in which:
aa) the action or inaction has begun or has been committed;
bb) the trader responsible for the action or inaction is established, or in which
cc) there is evidence or assets of the trader that are related to the action or inaction;
b) widespread infringement is any action or inaction constituting misleading advertising or unlawfu
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.l comparative advertising which has harmed, is harming or is likely to harm the collective interests of consu
mers residing in at least two Member States other than the Member State in which:
aa) the action or inaction has begun or has been committed;
bb) the trader responsible for the action or inaction is established, or in which
cc) there is evidence or assets of the trader which are related to the action or inaction constituting m
isleading advertising or unlawful comparative advertising, or any action or inaction constituting misleading 
advertising or unlawful comparative advertising which has harmed, is harming or is likely to harm the collec
tive interests of consumers, and has common characteristics, including the same illegal practices, infringeme
nt of the same interests, and which is committed simultaneously by the same trader in at least three Member 
States;
c) a widespread infringement with a Union dimension is a widespread infringement which has harm
ed, is harming or is likely to harm the collective interests of consumers in at least two thirds of the Member 
States, which together represent at least two thirds of the population of the European Union.
59. (new – SG 17/21, in force from 26.02.2021) "European Competition Network" shall mean a net
work of public bodies formed by the national competition authorities and the European Commission for the 
purpose of providing a forum for discussion and cooperation regarding the application and implementation o
f Art. 101 and 102 of the Treaty on the Functioning of the European Union.
 
§ 2. (Suppl. - SG 2/18, amend. – SG 17/21, in force from 26.02.2021) This Act introduces provisio
ns of:
1. Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 con
cerning misleading and comparative advertising.
2. Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on 
certain rules governing actions for damages under national law for infringements of the competition law pro
visions of the Member States and of the European Union (OB, L 349/1 of 5 December 2014).
3. Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to e
mpower the competition authorities of the Member States to be more effective enforcers and to ensure the pr
oper functioning of the internal market (OJ L 11/3 of 14 January 2019).
4. Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unf
air trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111
/59 of 25 April 2019).
 
§ 3. If a position in the Commission` administration is being occupied by civil servant graduated in 
law, his/her time of service shall be recognized as legal practice as per the Judiciary System Act and the Att
orney Act.
 
§ 4. (New – SG 17/21, in force from 26.02.2021) This Act provides for measures for the implement
ation of Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on 
cooperation between national authorities responsible for the enforcement of consumer protection laws and re
pealing Regulation (EC) No 2006/2004 (OJ L 345/1 of 27 December 2017).
 
Transitional and concluding provisions  
 
§ 4. The Law on Protection of Competition (prom. SG 52/1998; Decision No. 22 of the Constitutio
nal Court of 1998 – SG 112/98; amend SG 81/1999; 28/2002; 9 and 109/2003; 105/2005; 37, 59 and 86/200
6; and 64/2007) is repealed.
 
§ 5. (1) With the purpose to observe the principle of succession in the work of the Commission whe
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.n carrying out the first election of Members of the Commission on Protection of Competition under Art. 4, P
ara 3, three of the four members of Commission shall be elected for a period of 3 years.
(2) Members of Commission on Protection of Competition, including the Chairperson and the Depu
ty – Chairpersons, up to the date on which this Act becomes effective, shall continue to execute their functio
ns until the newly elected members of the Commission take their position.
 
§ 6. (1) Pending cases to the moment of this Act becomes effective correspondences before the Co
mpetition for Protection of Competition shall be finalized under the existing procedure.
(2) Applications, filed under the repealed Protection of Competition Act, on which proceedings by t
he Commission have not been started, shall be processed following the procedure of this Act.
 
§ 7. (1) Pending at the moment of this Act becomes effective proceedings before the Commission o
n Protection of the Consumers shall be finalized under the procedure set forth in the Law on Protection of C
onsumers.
(2) Indications, complaints and applications filed to the Commission on Protection of Consumers w
ith relation to Chapter Three "Misleading and Comparative Advertising" of the Consumer Protection Act, pr
oceedings on which still has not been initiated, shall be considered following the procedure under this Act.
 
§ 8. Pending cases shall be finalized under the procedure being effective at the moment of their initi
ation.
…….
§. 12. Within 3 months term after this Act enters into force, Commission shall adopt the Structural 
Regulations envisaged in Art. 6, Para 1, and within 6 months period – the acts provided in this Act.
 
§ 13. Execution of the Act shall be assigned to the Commission on Protection of Competition.
-------------------------
This Act was adopted by the 40th National Assembly on 14th of November 2008 and was sealed wi
th the official stamp of the National Assembly.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE PROTECTION OF COMPETITION A
CT 
(PROM. - SG 54/10)
 
§ 5. (1) Within a month from the entry into force of this Act the National Assembly shall elect the 
members of the Commission on Protection of Competition.
(2) Till inauguration of new members of the Commission on Protection of Competition the previou
s members shall continue to perform their functions.
§ 6. Within two months from the entry into force of this Act the Commission on Protection of Com
petition shall adopt amendments and supplementations of the Structural Regulations of the Commission on 
Protection of Competition.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE PROTECTION OF COMPETITION A
CT  
(PROM. - SG 73 20/11, IN FORCE FROM 20.09.2011)
Източник: Правно-информационни системи "Сиела" 12.07.2022 г. 
§ 3. (1) Within one month from the entry into force of the present Act the National Assembly shall 
elect the two new members of the Commission on Protection of Competition.
(2) The new members of the Commission on Protection of Competition under para 1 shall be electe
d by the National Assembly for the time remaining until the term of office of incumbent members expires.
 
§ 4. Within two months from the entry into force of the present Act the Commission on Protection 
of Competition shall adopt amendments and supplements to the Rules of Organisation of the Commission on 
Protection of Competition.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 
§ 7. The Act shall enter into force from the date of its promulgation in the State Gazette except for 
§ 2, 5 and 6, which shall enter into force within one month as of the date on which the Act is promulgated in 
the State Gazette.
 
Transitional and concluding provisions  
TO THE LAW ON AMENDMENT AND SUPPLEMENTATION OF THE LAW ON THE CIVIL SE
RVANT 
(PROM. - SG 38/12, IN FORCE FROM 01.07.2012)
 
§ 84. (In force from 18.05.2012) Within one month from the promulgation of this Law in the State 
Gazette:
1. the Council of Ministers shall make the Classification of Offices in the Administration compliant 
with this Law;
2. the competent authorities shall make the structural acts of the respective administration complian
t with this Law.
 
§ 85. (1) The legal relationships with the persons of the administrations under the Law on the Radio 
and Television, the Law on the Independent Financial Audit, the Law on the Electronic Communications, th
e Law on the Financial Supervision Commission, the Law on the Access and Disclosure of Documents and 
Announcing Affiliation of Bulgarian Nationals to the State Security and Intelligence Services of the Bulgari
an People's Army, the Law for Forfeiture of Property Acquired through Criminal Activity, the Law on Preve
ntion and Discontinuance of Conflict of Interests, the Code of Social Insurance, the Law on the Health Insur
ance, the Law on the Support of Farmers and the Law on the Roads shall be settled under terms and conditio
ns of § 36 of the Transitional and Concluding Provisions of the Law on the Amendment and Supplementatio
n of the Law on the Civil Servants (SG 24/06).
(2) The act of appointment of the civil servant shall:
1. determine the lowest rank for the position specified in the Classification of Offices in the Admini
stration, unless the officer holds a higher rank;
2. determine an individual basic monthly salary.
(3) The additional funds for insurance installments for the persons referred to in Para 2 shall be mad
e available within the limits for expenses for salaries, remunerations and insurance installments in the budge
ts of the budget credit administrators.
(4) The Council of Ministers shall amend as required by this Law the non-budget account of State F
und “Agriculture”.
(5) The governing bodies of the National Insurance Institute and the National Health Insurance Fun
d shall amend as required by this Law the respective budget credits.
(6) Any non-used days of leave under employment relations shall be preserved and shall not be subj
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.ect to pecuniary compensation.
 
§ 86. (1) Within one month from entry into force of this Law the individual basic monthly salary of 
the officer shall be so calculated that the said salary, reduced by the due taxes and the mandatory insurance i
nstallments due by the insured person, if available, shall not be lower than gross monthly salary received bef
ore, reduced by the mandatory insurance installments due by the insured person, if available, and the due tax
es.
(2) The gross salary referred to in Para 1 shall include:
1. the basic monthly salary or the basic monthly remuneration;
2. the additional remunerations paid on permanent basis together with the due basic monthly salary 
or the basic monthly remuneration and dependent only on the working time.
 
§ 87. This Law shall enter into force from 1 July 2012 except for § 84, which shall enter into force f
rom the day of the promulgation of the Law in the State Gazette.
 
Transitional and concluding provisions  
TO THE PUBLIC FINANCE ACT  
(PROM. SG 15/13, IN FORCE FROM 01.01.2014)
 
§ 123. This Act shall enter into force on 1 January 2014 with the exception of § 115, which enters i
nto force on January 1, 2013, and § 18, § 114, § 120, § 121 and § 122, which came into force on 1 February 
in 2013.
 
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE PROTECTION OF COMPETITION A
CT 
(PROM. SG 56/15)
 
§ 9. Within three months after entering of this act into force the Commission for protection of comp
etition shall bring the Structural Regulations for Commission for Protection of Competition into compliance 
therewith and with the other acts provided therein.
Additional provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE PROTECTION OF COMPETITION A
CT 
(PROM. - SG 2/18)
§ 4. Everywhere in the Act the words: "Art. 81 and 82 of the Treaty establishing the European Com
munity" shall be replaced with words: "Art. 101 and 102 of the Treaty on the Functioning of the European U
nion", the words: "Art. 81 of the Treaty establishing the European Community" shall be replaced with words
: "Art. 101 of the Treaty on the Functioning of the European Union", the words: "Art. 81, para. 1 of the Trea
ty establishing the European Community" shall be replaced with words: "Art. 101, para. 1 of the Treaty on t
he Functioning of the European Union", and the words: "Art. 81, para. 3 of the Treaty establishing the Europ
ean Community" shall be replaced with words: "Art. 101, para. 3 of the Treaty on the Functioning of the Eur
opean Union".
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.Transitional provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE PROTECTION OF COMPETITION A
CT 
(PROM. - SG 2/18)
§ 5. Pending up to 26 December 2014 proceedings for damages actions before national courts shall 
be completed in the order in which they were instituted.
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE ADMINISTRATIVE PROCEDURE CO
DE 
(PROM. - SG 77/18, IN FORCE FROM 01.01.2019)
§ 156. The Act shall enter into force on 1 January 2019, with the exception of:
1. paragraphs 4, 11, 14, 16, 20, 30, 31, 74 and § 105 item 1 on the first sentence, and item 2 which s
hall enter into force on 10 October 2019;
2. paragraphs 38 and 77, which shall enter into force two months after the promulgation of this Act 
in the State Gazette;
3. paragraph 79, items 1, 2, 3, 5, 6 and 7, § 150 and 153, which shall enter into force on the day of t
he promulgation of this Act in the State Gazette.
Transitional and concluding provisions  
TO THE ACT AMENDING AND SUPPLEMENTING THE PROTECTION OF COMPETITION A
CT 
(PROM. – SG 17/21, IN FORCE FROM 26.02.2021)
§ 67. After the entry into force of this Act, the acting Chairman, Deputy Chairman and members of 
the Commission for Protection of Competition shall complete their mandate within the term under Art. 4, P
ara. 1.
 
§ 68. Supply contracts concluded before November 1 st, 2021, shall be brought into compliance wit
h Chapter Seven "b" within 12 months of the entry into force of the Act.
 
§ 69. (1) Proceedings under Chapter Seven "a", initiated and unfinished before the entry into force 
of this Act, shall be completed according to the existing order.
(2) Claims and requests, received under the repealed Art. 37a, on which no proceedings have been 
instituted before the Commission for Protection of Competition, shall be considered according to the existin
g order.
 
§ 70. Within three months from the entry into force of the Act, the Commission shall adopt amend
ments and supplements to the acts provided for therein.
 
§ 71. (1) Within three months from the entry into force of this Act, upon proposal of the Commissio
n for Protection of Competition, the Council of Ministers shall approve a tariff for fees, which are collected f
or proceedings before the Commission under Art. 69 of the act. Until the approval of the tariff under senten
ce one, shall apply the Tariff for fees collected by the Commission for Protection of Competition under the P
rotection of Competition Act, approved by Decree № 180 of the Council of Ministers of 1998 (prom. S
G 95/98, amend, SG 93/04, SG 54/06, SG 58/14, Decision № 7842 of the Supreme Administrative 
Court of 2015 - SG 21/16, amend. SG 70/18).
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.(2) Until the approval of the tariff under Para. 1 for proceedings under Chapter Seven "b" before th
e Commission for Protection of Competition fees shall be collected in the size for proceedings under Chapte
r Seven.
 
§ 72. This Act shall enter into force on the day of its promulgation in the State Gazette, with the exc
eption of § 19, which shall entere into force on November 1, 2021.
Източник: Правно-информационни системи "Сиела" 12.07.2022 г.