Bulgaria merger control
Produced in partnership with PPG Lawyers
Bulgaria merger control

The following Competition guidance note Produced in partnership with PPG Lawyers provides comprehensive and up to date legal information covering:

  • Bulgaria merger control
  • 1. Have there been any recent developments regarding the Bulgarian merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Bulgaria?
  • 2. Under Bulgarian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Commission for the Protection of Competition?
  • more

A conversation with Mariya Papazova, partner at Bulgarian law firm PPG Lawyers on key issues on merger control in Bulgaria.

NOTE–to see whether notification thresholds in Bulgaria and throughout the world are met, see Where to Notify.

Note–temporary changes to deadlines due to coronavirus pandemic–see MJ merger control–competition authorities and coronavirus (COVID-19) status

1. Have there been any recent developments regarding the Bulgarian merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Bulgaria?

The last major amendments to the Bulgarian merger control regime were made by the adoption of the current Bulgarian Competition Protection Act (CPA) at the end of 2008.

At the end of 2011, the Bulgarian Competition Protection Commission (CPC) adopted Rules on imposing remedies for restoring effective competition in concentrations between undertakings, subject to in-depth investigation in order to increase the effectiveness of the merger control in Bulgaria.

The latest amendments of the CPA, which entered into force on 1 January 2019, affected the appeal process for decisions of the CPC, including those regarding merger control. Now, the CPC’s decisions are appealed before the Administrative Court–Sofia District (ACSD). If an interested party appeals ACSD’s decision before Supreme Administrative Court as a cassation instance, the party has to pay administrative tax in amount equal to the administrative tax for opening the initial CPC’s procedure.

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