LAW ON PROTECTION OF COMPETITION
Prom. SG. 102/28 Nov 2008, amend. SG. 42/5 Jun 2009, amend. SG. 54/16 Jul 2010, amend. SG. 97/10 Dec 2010
Part one.
GENERAL DIVISION
Chapter one.
GENERAL PROVISIONS
Subject-matter
Art. 1. (1) The purpose of this Law is to provide protection and conditions to enhance the competition and the free initiative in the business activity.
(2) On order to achieve the purpose of Para 1, the Law sets protection against agreements, decisions and concerted practices, abuse with monopoly and dominant position on the market and all other acts and operations, which could lead to prevention, restriction or distortion of competition in the country and /or to impact the trade between Member States of the European Union, as well as sets protection against unfair competition. This Law settles the control over concentrations of undertakings.
(3) This Law shall regulate the relations in connection with implementation of Art. 81 and 82 of the Treaty Establishing the European Community, 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 rules on competition laid down in the Articles 81 and 82 of the Treaty Establishing the European Community, 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 "Regulation (EC) 139/2004".

Field of application
Art. 2. (1) This Law shall apply to the:
1. all undertakings and associations of undertakings carrying out activities on the territory of the Republic of Bulgaria or out of it if they explicitly or tacitly prevent, restrict, distort or can prevent, restrict, distort competition in the country;
2. State authorities, including the executive authorities and authorities of the local independent government, if explicitly or tacitly prevent, restrict, distort or can prevent, restrict, distort the competition in the country;
3. undertakings to which the State or the municipality has assigned services of public interest, inasmuch as the implementation of the Law does not obstruct actually or in juridical aspect the fulfilment of the assigned tasks and the competition in the country is not affected to a considerable extent;
4. natural persons who commit or help to commit infringement of this Law.
(2) This Law shall not apply to acts, consequences of which restrict or distort or may restrict or distort competition in another country, unless otherwise provided by effective international agreement, where Republic of Bulgaria is party to.

Chapter two.
COMMISSION FOR PROTECTION OF COMPETITION
Status
Art. 3. (1) Commission for Protection of Competition, referred hereinafter "(the) Commission" is an independent specialised State authority, on budget maintenance and a first-level administrator of budget credits. Commission is a legal person with a seat in Sofia.
(2) Commission shall be the national authority of the Republic of Bulgaria, liable for implementation of the Community legislation in the field of competition.

Body
Art. 4. (1) (amend. – SG 54/10)Commission consists of 5 persons, including a Chairperson, Deputy Chairperson and 3 Members elected and discharged by the National Assembly for a period of 5 years.
(2) The Chairperson of the Commission must be qualified lawyer with a time of juridical service not less than 10 years and shall meet the requirements under Para 3.
(3) As Members of the Commission shall be elected Bulgarian citizens with higher juridical or economic education and a period of service not less than 5 years, with high professional ethical qualities who have not been convicted for premeditated crime of general nature. They cannot benefit in any form whatsoever from undertakings or to take other paid 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 Commission 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 amounting to 90 percent of the basic monthly remuneration of the Chairperson of the National Assembly. The Deputy Chairperson shall receive basic monthly salary amounting to 95 percent, and the Members - 90 percent of 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 Members 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) in case an act, by which conflict of interests is established under the Law on Prevention and Establishment of Conflict of Interests enters in force;
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 by a decision of the National Assembly.
(3) Upon occurrence of a circumstance under Para 1, the Chairperson of the Commission shall inform 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 Commission for the rest of the respective mandate period.
(5) (amend. – SG 54/10) Two months before the mandate of the Chairperson, the Deputy Chairperson and the Members of the Commission expires, the National Assembly shall elect new Chairperson, Deputy 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 until the new Members take position.

Structure and activity
Art. 6. (1) The structure and the activity of the Commission shall be settled by Regulations, which shall be promulgated in the State Gazette.
(2) Commission shall be assisted by administration in its activity.

Administration to the Commission
Art. 7. (1) The body, structure, rights and obligations of the administration to the Commission shall be determined by the Regulations of Art. 6, Para 1.
(2) The legal relationships with the servants of the administration shall arise under and shall be settled by the provisions of the Law on the Civil Servant and of the Labour Code.

Competence
Art. 8. Commission for protection of competition shall:
1. find infringements of this Law, as well as of Art. 81 and 82 of the Treaty Establishing the European Community;
2. impose the provided by the |Law sanctions;
3. find if infringement of this Law is not committed or if there is no ground to undertake actions for committed infringement of Articles 81 and 82 of the Treaty Establishing the European Community;
4. co-operate with the European Commission and the other national competition authorities of the Member States of the European Union, following the procedure of Regulation (EC) 1/2003 and Regulation (EC) 139/2004;
5. issue the provided by the Law decisions;
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 provided by the Law cases;
8. approve entering into commitments by undertakings or shall impose measures for restoration of competition with regard to the undertakings, which behaviour is subject to investigation under Art. 15 and 21 of this Law and/or under Art. 81 and 81 of the Treaty Establishing the European Community, as well as measures to preserve the competition under Art. 86 of this Law.
9. rules discontinuation of the breaches, including by way of imposing appropriate behaviour and/or structural measures for restoration of competition;
10. carry out sector analyses of competition environment
11. pronounce on other requests, connected with this Law;
12. interact with the State authorities, including the authorities of the executive power and the authorities of local government, as well as with institutions and non-governmental organizations by participation in project development and drafting of normative acts, stating opinions on projects and on effective and general 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 acts, provided by law;
15. maintain electronic register of issued acts.

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 administration;
6. organize and execute the Commission decisions which became effective;
7. approves the Commission acts beyond the acts under Art. 8, 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 organizations 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 the 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) A Member of Commission or an officer of its administration may not participate in a procedure under this Law, if he/she is interested in its decision or there are grounded doubts in his/her impartiality.
(2) The Member of the Commission or the officer shall be stroked off from the list upon his/her initiative or upon request of the parties.

Professional secrecy
Art. 11. (1) Members of the Commission and the officers of the administration shall not have the right to disclose information which represents a professional secrecy.
(2) Disclosure of information, representing professional secrecy, may be done by the Commission only in execution of its obligations of national authority on competition to a Member State of the European Union, under the procedure of Regulation (EC) 1/2003 and Regulation (EC) 139/2004.

Property liability
Art. 12. Members of the Commission, as well as the officers of the administration to the Commission shall not bear property liability for caused damages during exercising the assigned to them functions and powers under this Law, except if they have committed malicious crime of general nature.

Budget of the Commission
Art. 13. (1) The budget of the Commission shall be formed, executed and reported under the procedure of the Law on the Structure of the State Budget.
(2) To the budget of the Commission shall come revenues from:
1. fees and expenses under this Law, under the Law on the Public Procurement and the Law on the Concessions;
2. property sanctions and fines under Commission decisions, which became effective;
3. other sources from allowed by a law activities.
(3) Twenty five per cent of the funds referred in Para 2, items 1 and 2 shall be spent for enhancing the qualification and stimulating the Members of the Commission and the servants, including the total number of the staff of the Commission.
(4) Terms and conditions to spend the funds referred in Para 3 shall be determined by approved internal rules.

Annual report
Art. 14. (1) Commission shall prepare annual report of its activity, which report it shall provide to the 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.

Part two.
RESTRICTION OF COMPETITION
Chapter three.
PROHIBITED AGREEMENTS, DECISIONS AND CONCERTED PRACTICES
General Prohibition
Art. 15. (1) Prohibited are all kinds of agreements between undertakings, decisions of associations of undertakings, as well as concerted practices of two or more undertakings who aim at prevention, restriction 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 obligations or conclusion of supplementary contracts, which, by their nature or according to commercial usage, 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 with negligible effect
Art. 16. Prohibition imposed in Art. 15, Para 1 shall not apply to agreements, decisions and concerted practice of negligible effect on the competition.
(2) The effect is considered negligible 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 an aim or a result of:
1. direct or indirect fixing of prices;
2. sharing of markets and/or clients;
3. limitation of production or purchases.

Exemption from the prohibition
Art. 17. (1) Agreements, decisions and concerted practices as per Art. 15, Para 1 shall not be prohibited if they contribute to improvement of production or distribution of goods, providing of services or to promoting the technical and/or economical progress, while allowing consumers a fair share of the resulting benefit and which:
1. do not impose on the participating undertakings restrictions, which are not indispensable to the attainment of these objectives, and
2. do not afford such undertakings the possibility to eliminate competition in a substantial share of the respective market.
(2) Burden to prove the circumstances under Art. 1 is an obligation of the undertakings and associations of undertakings, who refer to them.

Block exemption from the prohibition
Art. 18. (1) Certain categories of agreements, decisions and concerted practices, which meet the requirements of Art. 17, may be exempted from the prohibition of Art. 15 by a decision of the Commission, which 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 practice 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 prescribed 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) If Commission finds in result of investigation that a concrete agreement or concerted practice have incompatible with Art. 81, Para 3 of the Treaty Establishing the European Community 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. 81, Para of the Treaty Establishing the European Union of the respective European Union regulation inapplicable and shall set a period within which parties shall bring their agreement in accordance with the requirements of Art. 81, Para 1 of the Treaty Establishing 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 exclusive 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 Constitution 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 sources, abilities to access the market, technological level and economic relations with other undertakings can impede competition on the respective market, since it is independent from its competitors, suppliers or buyers.

Prohibition to abuse 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 or 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 placing them at competitive disadvantage;
4. making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations or conclusion of supplementary contracts, which, by their nature or according to commercial usage, have no connection with the subject of the main contract or to its fulfilment.
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 basis results:
1. from consolidation or merger of two or more previously independent undertakings, or
2. if one ore more persons, already controlling at least one undertaking, whether by purchase of securities, shares or assets, by contract or by any other means, acquire direct or indirect control of the whole or parts of one or more other undertakings.
(2) The creation of a joint venture, performing on a lasting basis all functions of an economically autonomous 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 the 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 on a temporary basis securities which they have acquired in an undertaking with a view to reselling them, provided that they:
(a) do not exercise voting rights in respect of those securities with a view to determining the competitive behaviour of that undertaking, or
(b) they exercise such voting rights only with a view to preparing the disposal of those securities and 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 provided however that the voting rights in respect of the holding are exercised only to maintain the full value of those 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. the turnover of each or of at least of one of the undertakings – participants in the concentration in the territory of the Republic of Bulgaria for the preceding financial year exceeds 3 million BGN, or
2. the turnover of the undertaking – objective of acquisition in the territory of the Republic of Bulgaria exceeds 3 million BGN for the preceding financial year.
(2) The undertakings shall be obliged to notify the Commission of the concentration following the conclusion of the agreement, the announcement of the public bid, or the acquisition of a controlling interest, but before any real operation executing the transaction. In certain cases, upon request of the parties, Commission may make appraisal of the concentration before conclusion of the agreement or before the public announcement of the bid, if the parties provide Commission with sufficient evidence of good faith intention to conclude an agreement or, in the case of a public bid, where they have publicly announced an intention to make such a bid

Calculation of the turnover
Art. 25. (1) Aggregate turnover within shall comprise the amounts derived by the undertakings-participants in the preceding financial year from the sale of products and goods and the provision of services falling within the undertakings' ordinary activities after deduction of sales rebates and of value added tax and other taxes directly related to turnover. The aggregate turnover of an undertaking concerned shall not include the 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 undertakings, whether or not constituted as separate legal entities, of one or more undertakings, only the turnover relating 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, after 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 participating 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 income items which are received by the branch or division of that institution established in the Republic of Bulgaria;
2. for insurance undertakings, the value of gross premiums written which shall comprise all amounts received and receivable in respect of insurance contracts issued by or on behalf of the insurance undertakings, including also outgoing reinsurance premiums, and after deduction of taxes and contributions or levies charged 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 the respective turnovers of the following:
1. the participating undertaking concerned;
2. those undertakings controlled by the participating undertaking directly or indirectly as per Art. 22, Para 3 ;
3. the undertakings, controlling directly or indirectly the participating undertaking as per Art. 22, Para 3;
4. other undertakings, controlled directly or indirectly as per Art. 22, Para 3 by an undertaking, controlling the respective participating undertaking,;
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 another 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 services 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 services between the joint undertaking and any third undertakings; this turnover shall be apportioned equally amongst the undertakings exercising joint control.

Permission for concentration
Art. 26. (1) Commission shall permit the concentration, if it does not lead to creation or strengthening of dominant position, which would significantly impede the effective competence on the respective market.
(2) Commission may permit concentration, which even creating or strengthening a dominant position, aims modernization of the respective business activity, improvement of the marker structures, better satisfaction of the interests of the customers and as a whole the positive effect prevails the negative impact on the competition on the respective 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 concrete 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 dynamic in the sector, the legal frame, self-regulations and make conclusions on the status of the competition environment.

Advocacy for competition
Art. 28. In order to protect the initiative in the business activity and to prevent restriction and distortion of competition, Commission shall carry out assessment of the compliance to the provisions of this Law of:
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 which 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 the 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 advertising.
(2) The advertiser and the advertising agency, who prepared the advertisement, shall bear liability for 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 this 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, manner and date of production of goods and provision of services, fitness to use, manners of usage, quantity, geographical 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 services;
3. data about the advertiser and the advertising person, such as : name or firm, address or seat, address 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 the 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 Law and does not constitutive unfair trade practice in the meaning of Art. 68e, Art. 68f, Art. 68g of the Law on Protection of the Costumers;
2. compares goods and services, which satisfy one and the same needs or are designed for one and the same purpose;
3. compare impartially one or more typical characteristics of the goods and the services, which are substantial, comparable and representative for these goods and services, including their purposes;
4. does not lead to mistaking of the advertiser to his competitors or trade marks, trade names, other distinctive features, goods or services of the advertiser to these of his competitors;
5. does not lead to libeling or harming trade marks, trade names or other distinctive attributes, goods, 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 distinctive 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) For assessment if a comparative advertisement is allowed, in addition to the circumstances under Para 2, provisions of Council Regulation (EC) 510/2006 of 10 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs shall be taken in view.

Imitation
Art. 35. (1) Prohibited shall be offering or advertisement of goods or services with appearance, packing, 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 consumer 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 of 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.

Unfair attraction of customers
Art. 36. (1) Prohibited shall be the unfair competition aimed at attracting customers, as a result of which concluded contracts of competitors are terminated or broken, or conclusion of contracts with competitors is prevented.
(2) Prohibited shall be offering or attachment of extras to the sold commodity or service gratuitously or against fictitious price of other commodity or service with the exception of: advertising objects of insignificant value and with clearly stated statement of the advertising undertaking; subjects or commodities which, 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) Prohibited shall be sale, when together with it is 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, item 8 shall adopt rules by which shall determine in which cases the promised award exceeds significantly the price of sold goods or service.
(4) Prohibited shall be sale on the home market of considerable quantities on a lasting basis at prices lower than the expenses for their production and realisation with the purpose of unfair attraction 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 in contradiction to the fair trade practice.
(2) Prohibited is the using or divulging of manufacturing or trade secrets when is acquired on condition not to be used or disclosed.

Part 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;
3. request of the persons, whose interests are impacted or endangered by infringement of this Law;
4. request for exemption from sanction;
5. request of the persons, whose interests are impacted by acts, issued in contradiction to this Law;
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 under 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 government.
(2) In case that admitted irregularities are found, further proceedings on the request or the notice shall not be carried out and a writ to remove irregularities within a 7-days period shall be served on the applicant 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) The request under Para 1, item 4 shall be submitted in a form, approved by the decision of the Commission under Art. 101, Para 5. Identity of the applicant shall be kept in secrecy.

Initiation of procedure
Art. 39. (1) The Chairperson of the Commission shall initiate procedure by a resolution and shall determine 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, who 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.
(2) Commission, by a ruling, may also suspend the procedure in the cases under Art. 13 of Regulation (EC) 1/2003 and under Art. 22, paragraph 2 of Regulation (EC) 139/2004.
(3) Rulings referred hereto in Para 1 and 2 shall be subject to appeal under the procedure of Art. 64, Para 2.
(4) Procedure concerned shall be renewed by a ruling ex officio or upon a request of one of the parties, 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 decision of the Commission:
1. if Commission is not competent to pronounce on the matter;
2. if the set by a law limitation period has expired;
3. in the cases of Art. 11, paragraph 6 and Art. 13 of Regulation (EC) 1/2002 and of Art. 22, paragraph 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 Law 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 case of durable infringement – from the day, on which the commitment is discontinued.
(3) With the initiation of procedure of findings of infringement by the Commission or by another national authority for competition of a Member State of the European Union, or by the European Commission, the limitation period as per Para 1 is interrupted.
(4) During the procedure and till decision of the Commission enters into effect, limitation period shall not run.
(5) Limitation period shall be checked by the Commission by right of office.

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 infringement of this Law.
(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 investigation 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, Eleven and Twelve.
(3) Investigation and assessment of the undertakings on the relevant market shall be done in compliance to an adopted by the Commission methodology.

Investigation Powers
Art. 45. During investigation, the monitoring Member of Commission and the working team determined under Art. 39, Para 2 shall have the power to:
1. inquire information and material, written, digital and electronic evidence, irrespective if the carrier 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 States of the European Union, as well as from the European Union.

Obligation to assist
Art. 46. All natural and legal entities, including undertakings, associations of undertakings, State authorities or authorities of the local government, non-governmental organizations and the National Statistical Institute shall be obliged to assist the Commission for execution of its powers under this Law, as well as under Regulation (EC) 1/2003 and Regulation (EC) 139/2004.

Collection of information
Art. 47. (1) Persons, from which assistance under this Law, as well as under Regulation (EC) 1/2003 and Regulation (EC) 139/2004, is required, may not refer to production, trade or any other protected by a law secrecy.
(2) If information contains data, which is classified information, procedure provided in the Law on Protection of the Classified Information shall be applied; 
(3) If the information contains personal data, procedure provided in the Law on Protection of the Personal Data shall be applied.
(4) Persons, from whom information is required, shall submit it within a determined by the Commission period.
(5) Information which is provided by the persons in the course of proceedings, shall be complete, true and not misleading.
(6) Commission may assume facts, regarding which the party or the interested person obstructed collection of information, proved.

Usage of the information
Art. 48. Any information, collected in the course of procedure, may be used for the purposes of this Law only.

Taking of oral explanations
Art. 49. (1) Oral explanations shall be taken in the course of investigation and shall be recorded into 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 Law is committed to a person who has given explanations or provided data, and sufficient grounds to presume that revealing his identity could lead to serious negative consequences for the exercised by him activity or to his person, Commission shall take measures to keep in secrecy his identity, following procedure provided in internal rules, adopted by the Commission.

Inspections on spot
Art. 50. (1) Commission may carry out all kinds of inspections on spot of undertakings and associations of undertakings 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 Commission, shall have the power to:
1. enter the premises, vehicles and other sites, used by the undertakings or associations of undertakings;
2. inspect all documents and records, connected with the activity of the undertakings or associations of undertakings, not depending on 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 the 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 through computer systems or other means, located in the checked premises;
6. seal for certain period premises, vehicles or other sites, used by the inspected undertakings or associations of undertakings, trade or account books or other data carriers;
7. take oral explanations from each representative or member of the management bodies or from the staff of the undertakings or associations of undertakings regarding circumstances, connected with the subject-matter or the purposes of the inspection.
(3) During the inspections, the police authorities shall give support to the servants of the Commission within their powers under the Law on the Ministry of Interior. 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.
(4) The found documents and evidence can be seized if they contain data, generating grounded suspicions for other infringements under Art. 15, 21 or 24 of this Law or under Art. 81 and 82 of the Treaty Establishing the European Community. After inspection is finalized, they shall be submitted immediately to the Commission for taking decision under Art. 38, Para 1, item 1.

Court Permission
Art. 51. (1) Inspections on spot shall be carried out with the permission of a judge from the Administrative Court – Sofia City, upon a request of the Chairperson of the Commission.
(2) Request shall contain:
1. purpose of the inspection and the name of the undertaking or of the association of undertakings, for which permission for inspection is required;
2. nature of the claimed infringements, and in case of procedure under Chapter Ten – the nature of the 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 support shall be attached, as well as the request for support.
(4) The Administrative Court – Sofia City, shall pronounce on the request by a ruling, on the day of its submission. In the ruling , the court shall state the exact name of the undertaking or of the association of undertakings, which is subject to inspection. Permission shall be applicable to all premises, vehicles, and other sited, used by the inspected undertaking or the association of undertakings.
(5) Where is needed to carry out simultaneous inspections in several undertakings or associations of undertakings, the Chairperson of the Commission may submit one joint request, and the court shall pronounce by separate ruling for each of the undertakings or associations of undertakings.
(6) Rulings under Para 4 and 5 or the refusal to issue the rulings considered, shall be subject to appeal before a three- members body of the Supreme Administrative Court within three days term. The term shall start to run from he notice of the Commission, respectively – of the undertaking or the association of undertakings. Appeal shall not suspend the execution.

Procedure of collection of evidence during inspections on spot
Art. 52. Collection of evidence during the inspections on spot shall be carried out by the servants of the Commission in the presence of representatives of the undertaking or of the association of undertakings, its employees or another person, who is entitled to stay in the premises or in the vehicles or has been found there during the inspection therein.
(2) Copies of the seized documents shall be certified by the servants of the Commission and of the representatives of the undertakings or of the associations of undertakings by an authorised officer. In event of refusal of the representatives 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) 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, and shall be returned to the undertaking or association of undertakings after the decision of the Commission enters into force.
(5) Upon request of the undertaking or the associations of undertakings, from which the original documents are seized, they can also be returned before the decision of the Commission enters into force. In all cases, Commission shall return the seized original documents, if exercising the incorporated in them rights is connected with their factual holding.
(6) In the cases of Para 5, Commission shall use copies of the original documents, certified by the representatives of the Commission and of the undertakings or of the associations of undertakings, from which the documents are seized.
(7) The seized evidence under Para 2, 3 and 4 shall be recorded into a protocol on spot, by a complete and detailed list of the seized items. The protocol shall be signed following the procedure of Para 2 and shall be provided to the persons, form which the evidence are taken.

External experts
Art. 53. (1) If for clarification of the circumstances regarding the procedure, Commission needs special knowledge, it may, upon a request of the parties or upon its own initiative, by a ruling, to assign carrying out of an expertise by an external expert. In the ruling the expert, the objective of the expertise, as well as the 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 expert.
(3) The expert shall submit his opinion to the Commission, which shall accept it through a ruling. In 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 second 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 with the other evidence, collected in the course of the procedure.

Co-operation with the national competition authorities and with the European Commission within the investigation
Art. 54. (1) Commission shall co-operate with the European Commission and with the other national competition authorities of the Member States, by way of receiving and rendering support and exchanging information under the procedure of Regulation (EC) 1 /2003 and Art. 11, Paragraph 6, Art. 12 and Art. 13, Patagraph 5 of Regulation (EC) 139/2004.
(2) The authority who uses the exchanged information, shall provide the same level of protection regarding the information considered, as the rendering national competition authority of the Member State provides.

Access to the materials of the procedure
Art. 55. (1) Parties and the constituted into the proceedings interested persons shall have right of access to all materials, collected in the course of investigation, except for the materials, containing industrial, trade or other protected by law secret. Access shall not be provided to internal documents of the Commission, including correspondence with the European Commission and other national competition authorities of the Member States of the European Union.
(2) Any person, who provides Commission with information in the course of proceedings, shall specify those of the materials of which he claims that they contain industrial, trade or other protected by law secrecy 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, considered confidential, is deleted. If Commission assesses that this information is not confidential, shall pronounce by a ruling and shall notify the person of this. Ruling shall be subject to appellation under the procedure of Art. 64, Para 2.
(3) Materials, specified as containing industrial, trade or other protected by secrecy law, may be disclosed and used by the Commission, in case that they are of significant importance to prove the infringement or to exercise the right of defence of the defendant.
(4) Procedure, which regulates the access, usage and keeping the documents being industrial, trade or other secrecy, shall be set forth by rules, adopted by the Commission.

Temporary measures
Art. 55 (1) In case that during investigation under Chapter Nine sufficient data about presence of infringement is available, in case of pressing needs, by reason of risk of significant or unrecoverable damages for the competition, Commission – upon its own initiative or upon request of the persons, whose interests are harmed or endangered by the infringement, may order immediate stoppage of the practice by the undertaking or association of undertakings or to impose other measures, needed in view the purposes of this Law. Commission may not impose measures which are of the competence of other authorities and are provided in other laws.
(2) Temporary measures of Para 1 may be ordered 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 2. Appellation shall not suspend execution of the temporary measure.
(3) Period of effectiveness of the temporary measures is up to three months from imposing. In event of necessity this period may be prolonged following the procedure of Para 2. Temporary measures may stay 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 effectiveness, in case that the unlawful practice is stopped and distortion of the competition is prevented.

Finalization of investigation
Art. 57. (1) After the end of investigation, the working team shall present before the monitoring member 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. Chairperson, 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 expert opinion, as well as other persons, State authorities and authorities of local government may be summoned.

Quorum
Art. 59. (1) (amend. – SG 54/10) Sessions shall be regular, if at least 3 of the members of Commission attend.
(2) (amend. – SG 54/10) Commission shall pronounce decisions and rulings by open voting and with majority of 3 votes. In event that the session is attended by less than 5 members, decision, respectively ruling, shall be pronounced only if at least 3 members of the Commission 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. finds that law is not been violated or that grounds to undertake actions for committed infringement under Art. 81 and 82 of the Treaty Establishing European Community do not 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 prohibition of Art. 15;
10. decrees that the respective decision for group exemption shall not be applied in the concrete case, states term within which the parties shall bring their agreement in accordance with Art. 17 or terminate it;
11. withdraws right to use the respective regulation of the European Union for block exemption from the prohibition under Art. 81, Para 1 of the Treaty Establishing the European Community, if the terms of Art. 29 of Regulation (EC) 1/2003 exist and appoints a period within which the parties shall bring their agreement in accordance with the requirements of Art. 81, Para 3 of the Treaty Establishing the European Community 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 range 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;
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 after the closed session under Para 1 is held. Decision shall be reasoned and signed by the members of the Commission, who have voted at the closed session.

Reservation
Art. 61. (1) Member of Commission, who does not support the decision, shall sign it with reservation.
(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. dispositional part, where the existence or lack of an infringement of this Law shall be found; existence or lack of ground to undertake actions for committed infringement under Art. 81 and 82 of the Treaty Establishing European Community; rights and obligations of the parties are settled, 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 merits of the dispute, as far as otherwise provided by this Law.

Appellation of decisions and rulings
Art. 64. (1) Decisions of the Commission, if not otherwise provided by the Law, may be appealed regarding their lawfulness before the Supreme Administrative Court by the parties and by any third person who has legal interest in it. Decisions shall be appealed within 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 Commission.
(2) Rulings of the Commission, about which is provided that may be appealed regarding their lawfulness to the Supreme Administrative Court. Rulings shall be appealed within 7-days period from their announcement, following the procedure of the Administrative Procedure Code.

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) Decisions of the Commission, forbidding concentration of undertakings or by which cessation of the infringement, including by imposing behaviour and/or structural measures for restoration of the competence shall be subject to immediate execution.
(2) Commission may, on the base of request of the parties to the proceedings to pronounce immediate 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) In the register decisions of the Commission, by which proceedings are finalized, as well as the decisions for initiation of profound investigation of a concentration under Art. 82, Para 3, item 4 shall be published.
(3) In the register shall also be published announcements of initiated proceedings for permission of concentrations under Chapter Five or about investigations under Chapters Nine and Ten.
(4) Decisions under Para 2 shall be published within 14-days period from pronouncement, and the announcements under Para 3 – within 7-days period from initiation of the proceedings or carrying out the inspection on spot under Art. 50.

Fees and expenses
Art. 69. (1) For proceedings under this Law, State fees and expenses shall be due. The State Fees shall be approved by the Council of Ministers.
(2) State authorities and authorities of the local government shall be exempted from fees, but not from 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) Where the Commission pronounces a decision for finding committed infringement of the Law, Commission shall assign the expenses made for the proceedings to the violator, if required by the defendant party. If Commission has not found infringement, expenses shall be on the account of the parties as have been done.

Chapter nine.
PROCEDURE OF FINDING INFRINGEMENTS AND INPOSURE OF SANCTION UNDER CHAPTERS THREE AND FOUR OF THIS LAW AND UNDER ART. 81 AND 82 OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY
Initiation of procedure
Art. 70. (1) Procedure for finding infringements and imposing sanctions under Chapters Three and Four of this Law and under Art. 81 and 82 of the Treaty Establishing the European Community shall be initiated on the grounds of Art. 38, Para 1, items 1-4.
(2) Procedure under Para 1 shall be initiated within 7-days 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 whom the complaint is directed;
2. the address, seat and address of management of the applicant and the person against whom complaint 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 Member 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 session:
1. decision by which finds that infringement has not been committed or that ground to undertake actions for committed infringement of Art. 81 and 82 of the Treaty Establishing the European Community 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) 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 to the materials of the case under the procedure of Art. 55, as well as right to be heard by the Commission under the procedure of Art. 76 at an open session.
(3) In the case under Para 1, item 3, the applicant and the defendant party shall be provided with a version, not containing production, trade or other protected by law secrecy of the parties as per the ruling, and the constituted interested persons shall be notified of the pronounced ruling under 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 which 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 terminate proceedings without findings of infringement and shall pronounce that grounds for further proceedings does not exist any more. By this decision Commission may also determine a period of effect of the assumed obligations.
(3) Commission may not accept a decision for assumption of obligations in case of grave infringement of the Law.
(4) 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 information.

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 at an open session before pronunciation of the decision on the merits.
(2) Commission, upon its assessment, may also hear other persons.
(3) After the elapse of the period for submission of objections and opinions on the ruling under Art. 74, Para 1, item 3, the Chairperson by a resolution shall appoint an open session, where the Commission shall hear the parties and the. The open session shall be scheduled onto a day, determined not earlier than 14 days after the elapse of the period for submission of objections or the opinions on the presented claims of committed infringements. The parties and the interested persons shall be notified of the appointed open session for their hearing under the procedure of the Administrative 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 the regularity of the proceedings.
(6) Parties and the interested persons may be asked observing the order determined by the Chairperson.
(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 shall close down the session.

Closed session
Art. 77. (1) After hearing the parties, the Chairperson of the Commission shall appoint a closed session. At the session Commission shall pronounce a decision, which:
1. finds the committed infringement and the violator;
2. imposes property sanctions, periodical sanctions and/or fines;
3. finds that no infringement has been committed and grounds to undertake actions for committed infringement under Art. 81 and 82 of the Treaty Establishing the European Community do not exist;
4. decrees to stop the infringements, including by way of imposing appropriate behaviour and/or structural measures for restoration of competition;
5. decrees that the decision for block exemption shall not be applicable in the concrete case and determines a period to adjust it in compliance with Art. 17 or termination;
6. decrees that provisions of the relevant regulation of the European Union for block exemption from the prohibition of Art. 81 and 82 of the Treaty Establishing the European Community shall not be applicable to the concrete case and determines a period to adjust it in compliance with Art. 81 and 82 of the Treaty Establishing the European Community or termination.
(2) Commission, by a ruling, may:
1. accept new claims of committed infringement of the Law, following the procedure of Art. 74, Para 1, item 3.
2. to refer back for additional inspection the case, accompanied with obligatory directions;
(3) 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, than the structural measure.
(4) The parties shall be notified of the pronounced decision under Para 1, following the procedure of the Administrative Procedure Code.

Chapter ten.
PROCEDURE OF ISSUANCE OF PERMITIONS FOR CONCENTRATION OF UNDERTAKINGS
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, who 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) Proceedings under Para 1 shall be initiated within 3 days period 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, Para 1, item 1, if concentration has been executed without permission, or under conditions and in a manner, different 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 Law shall also be submitted in the cases, where the competence 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 on indirectly the participating in the concentration undertakings;
3. the undertakings, over which the participants in the concentration exercise control within the meaning 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 concentration;
7. barriers to entry into the relevant markets;
8. main competitors, suppliers and customers;
9. grounding of the circumstances under Art. 26, Para 1 and 2.
(2) In the notice under Para 1 shall also be stated an inquiry to the Commission to permit the concentration.
(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 assessment of the concentration through accelerated investigation by exercising its powers under Art. 45, items 1, 2, 4 and 5.
(2) Within 7-days period of publication under Art. 68, Para 3, any third interested person may present information or opinion regarding the effect of the concentration on the competition on the relevant market.
(3) In assessment of concentration shall be taken in view such circumstances as: position of the undertakings on the relevant market before and after the concentration, their economical and financial potential, access to the supply markets and product markets of the relevant goods and services, the legal, administrative and other barriers to entry.

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) In case that further proceedings on notice are frozen due to admitted irregularities under Art. 38, Para 2 or in event of necessity to present additional information by the notifying undertakings, periods under Para 1 shall stop run. 
(4) Upon request of the notifying undertakings, Commission may prolong the period envisaged in Para 1 up to 10 business days for preparation of proposals for changes to concentration concerned.
(5) Not depending on if the period under Para 1 has been prolonged on the grounds of Para 4, it shall 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 Art. 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 accelerated investigation. The Chairperson, by a resolution, shall appoint a closed session of the Commission, at which 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 Art. 24;
2. authorizes the concentration under Art. 26, Para 1;
3. authorises the concentration ion accordance with the amendments as proposed by the participants in 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, incorrect, untrue or misleading information.
(5) Till decision of the Commission under Para 3 is not pronounced, factual or legal actions of every 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 several buyers, under the condition that Commission is notified as per Art. 24, Para 2 without delay, as well as the 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 persons envisaged in Art. 78, Para 1 of the pronounced decision under Para 3 and of the opportunity to access the materials of the case.
(7) Decision under Para 3, item 4 shall not be subject to appeal.

Profound investigation
Art. 83. (1) Profound investigation of the concentration shall be carried out, if, as a result of the assessment, done within the accelerated investigation, Commission finds that concentration considered generates serious doubt that as a consequence of it a dominant position will be established or existing one shall be enhanced, and the effective competition on the relevant market will be significantly impeded.
(2) Within 30-days period from the publication in the electronic register of the decision to start profound 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) Commission shall carry out the profound investigation and shall close the proceedings within 4 month period after the publication under Art. 68. Para 2 in the electronic register. In cases presenting factual or legal complication, term may be prolonged but not more than with 25 business days.
(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 Commission receives complete information in connection with the measures proposed.

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 it to the monitoring member of the Commission.
(2) The monitoring member of the Commission shall notify the Chairperson of the prepared report. The Chairperson shall, by a resolution, appoint a closed session of the Commission, which shall pronounce:
1. a decision by which concentration under Art. 26, Para 1 or 2 is authorized;
2. a ruling, by which accepts its preliminary conclusions about the effect of the concentration to the competition.
(3) In the ruling under Para 2, item 2 a term, not shorter than 14 days, shall be stated in which term the notifying person and the interested persons may present opinion on the preliminary conclusions of the Commission. In the ruling shall be stated, that the parties and the interested persons shall have the right to access the materials of the case, observing the procedure of Art. 55, as well as to be given a hearing under Art. 87 by the Commission.
(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 present opinions under Para 3 shall start running from the date of the receipt of the copy of the ruling or of the written 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 disposal.
(6) In the case of Para 2, item 2, parties shall be notified of the pronounced decision and of the opportunity to access the materials of the case, observing the procedure of the Administrative Procedure Code.

Measures for protection of competition
Art. 86. (1) Commission may impose measures, directly connected with the execution of concentration considered, which measures are necessary to retain the effective competition and limit the negative impact of the concentration considered on the affected market.
(2) Commission may approve measures under Para 1, proposed by the persons envisaged in Art. 78, Para 1.

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 Commission 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 resolution, shall appoint an open session at which the Commission shall hear the .parties and the interested persons. The open session shall be scheduled for a day, not earlier than the elapse of the term top present opinions 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 regularity of the procedure.
(5) Parties and the interested persons may be questioned under a procedure as defined by the Chairperson.
(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 session.

Finalization of the profound investigation
Art. 88. (1) After the hearing of the parties, the Chairperson shall appoint a closed session. Commission 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 execution 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 actions related to the planned concentration are forbidden. This prohibition shall not be applied in case of bid offer or of a consequence of transactions of securities, admitted to trade on regulated markets of financial instruments, through which control as per Art. 22, Para 3 is obtained by different vendors, if Commission is notified as per Art. 24, Para 2 without delay, as well as that the person who acquired the securities does not exercise 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 incomplete, incorrect, doubtful or misleading information, as well as where the participants do not execute the measures 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 Administrative Procedure Code.

Finalization 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 respective measures under Art. 90.
(2) Investigation under Para 1 shall be performed under the procedure of Chapter Eight, as well as under 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, to impose to the participants in the transaction other behaviour and/or structural measure, needed for the restoration of effective competition, including by way of pronouncing split of the joint capitals, shares or assets and/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, item 3, or
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, Para 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 decision 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 Commission. 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 the 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. pronounce to initiate procedure of finding offence under Art. 15, 21 and 24 of this Law and/or under Art. 81 and 82 of the Treaty Establishing the European Community;
2. inform the competent State authorities, including the bodies of the executive power, as well as the bodies of local government of the necessity to undertake measures for improvement of the competition environment in the sector;
3. provide the analysis for usage by the National Assembly and/or the Council of Ministers when preparing 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 subject to appeal.

Competition Advocacy Procedure
Art. 92. (1) Competition advocacy procedure shall be initiated on the grounds of Art. 38, Para 1, items 1, 5and 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,items 1, 2, 4 and 5.
(4) After research is finalized, the working team shall prepare a report, which shall be presented to the monitoring member of the Commission. The Chairperson shall appoint consideration of the report at a closed 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 Law;
2. proposes to the competent authorities or associations of undertakings to amend or cancel the respective act.
(6) The decision of the Commission under Art. 1, item 1 as well as the decision under Para 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 Regulation (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 report 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 undertake 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 out the powers under Art. 45 of this Law, 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) After resolution under Para 3 is executed, a report to the Chairperson of the Commission on the performed actions shall be prepared.
(6) The Chairperson of the Commission shall table the report of Para 5 at a closed session, where Commission shall pronounce a decision to finalize the procedure on rendering assistance.
(7) Decision under Para 6 shall not be subject to appeal.

Chapter twelve.
PROCEDURE OF FINDINGS OF INFRINGEMENT AND IMPOSITION OF SANCIONS
Initiation of the procedure, investigation and finalization of the procedure.
Art. 94., (1) Procedure on findings of infringement under Chapter Seven and imposition of sanction shall be initiated on the grounds of Art. 38, Para 1, items 1 and 3.
(2) The request under Art. 38, Para 1, item 3 shall meet the requirements as per Art. 71, Para 1.
(3) The Chairperson of the Commission, by a resolution, shall initiate the procedure and shall determine a member of the Commission, who shall monitor the procedure. It shall be carried out by the working team, as has been determined under Art. 39, Para 2.
(4) When carrying out investigation, the member of the Commission and the working team shall have the rights under Art. 45, items 1, 2 and 4.
(5) After investigation is finalized, the working team shall prepare a report, which shall be presented to the monitoring member of the Commission. Parties shall be notified, following the procedure under Administrative Procedure Code, of the opportunity to get acquainted with the materials of the file under the conditions of Art. 55.
(6) The Chairperson of the Commission, by a resolution, shall appoint consideration of the report at a close-doors session, where the parties shall be heard. Commission, upon its own estimation may also hear other persons.

Burden of proof
Art. 95. In the cases of Art. 32, the advertiser shall be the one, who must prove that the advertisement does not contain aspects, which make it prohibited.

Periods
Art. 96. (1) Investigation under this Chapter shall be finalized in two-months period from the initiation of the procedure.
(2) In cases, constituting factual and legal complicity, the term of Para 1 may be prolonged with 30 days

Temporary Measures
Art. 97. (1) Commission, upon request of the parties or upon its own initiative, if a risk of significant harming the interest of the customers or of the competitors exists, may, at any moment of the procedure impose a temporary measure:
1. prohibition to disseminate the advertisement, before it becomes available to the publicity, in cases where the advertisement till has not been spread, but its dissemination is forthcoming and unavoidable;
2. suspension of the advertisement dissemination.
(2) The temporary measure under Para 1 shall be applied 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 before the Supreme Administrative Court within 7-days period from its announcement, following the procedure set forth by the Administrative Procedure Code. Complaint shall not suspend execution of the ruling, except for the court orders otherwise.

Decision of the Commission
Art. 98. (1) In connection with the procedure under Chapter Seven, Commission shall adopt a decision, by which:
1. finds the committed infringement and the infringer and imposes property sanction or a fine;
2. decrees to stop the infringement;
3. finds that no infringement has been committed against the law;
4. terminates the procedure under the conditions of Art. 41, item1, 2 and 4, as well as in case of withdrawal of the claim.
(2) Commission may, separate from the property sanctions for infringement under Art. 32, order to the advertiser and/or to the advertising agency to announce on their account and in an appropriate manner the decision under Para 1 or part of it, as well as the corrected advertisement in question.
(3) Where the procedure has been initiated upon a signal, the person who filed the signal, shall be notified of the taken by the Commission decision.
(4) Decision under Para 1 shall not constitute a bar to file a claim before the court under the procedure of Chapter Three – Collective Claims Procedure of the Civil Procedure Code.

Part four.
LIABILITY AND SANCTIONS
Chapter thirteen.
LIABILITY
Administrative-punitive liability
Art. 99. (1) For infringement of provisions of this Law, save for the deed constitutes a crime, administrative-punitive liability shall be borne.
(2) Property sanctions and fees under the Law shall be imposed by a decision of the Commission, which shall be subject to appellation, with regard to its lawfulness, before the Supreme Administrative Court, under the procedure of the Administrative Procedure Code.

Chapter fourteen.
SANCTONS
Property sanctions
Art. 100. (1) Commission shall impose property sanction in amount up to 10 per cent of the aggregate turn over of the previous financial year of an undertaking or association of undertakings, for:
1. infringement of Art. 15 or 21 of this Law or of Art. 81 and 82 of the Treaty Establishing the European Community;
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 Commission has pronounced decision under Art. 82, Para 3, item 2 and 3, Art. 85, Para 2, item 1 and Art. 88, 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, before 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 fulfill decisions or rulings of the Commission.
(2) Commission shall impose property sanction in amount up to one per cent of the aggregate turn over for the previous financial year of an undertaking or of an association of undertakings for:
1. failure to perform the obligation for assistance under Art. 46;
2. breaking the entirety or destruction of the seals, put during the inspection on spot under Art. 50 has being carried out;
3. late provision or provision of incomplete, unauthentic, doubtful or misleading information, infringing the obligations under Art. 47, Para 4 and 5; 
4. failure to perform obligations under Art. 67.
(3) In the decision, where the property sanction under Para 2, items 1 and 3 are imposed, a term shall be stated, in which term the party shall perform the obligation to assist or to provide complete, correct, true and not misleading information.
(4) When determining the amount of the property sanction the degree and duration of the infringement shall be taken in view, as well as the extenuating and mitigating circumstances. The exact amount of the sanction shall be determined by the Commission in compliance with an adopted by it methodology, published on its Internet site.
(5) 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 appropriate measures for restoration of competition under the procedure of Art. 77, Para 1, item 4 or of Art. 50;
2. ruling of the Commission to impose temporary measures under Art. 56;
3. decision of the Commission to approve undertaken obligations under Art. 75, Para 2 and under Art. 88, Para 1 item 2.
(6) Commission shall 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. failure to perform the obligation to assist under Art. 46 after the elapse of the term, as set forth in the decision under Para3;
2. not providing complete, precise, true or not misleading information under Art 47, Para 5 after the elapse of the term, stated in the decision under Para 3;
3. opposing an inspection under the procedure of Art. 50.
(7) Periodical sanctions under Para 5 and 6 shall be imposed for every one day till the unlawful action or inaction is stopped.

Relief from sanction and reduction of sanctions
Art. 101. (1) Commission may, upon a request of an undertaking as per Art. 38, Para 1, item 4 to relief it from property sanction for committed infringement under Art. 15 of this Law and/or rt. 81 of the Treaty Establishing the European Community, which infringement representing participation in a secret cartel, under the condition that it submits before the other participants an evidence on the base of which Commission can:
1. execute inspection on spot; it is needed that Commission had not at its disposal sufficient data and evidence in order to require a court decision under the procedure of Art. 51;
2. prove the maintained infringement; it is need that up to this moment Commission had not granted to another undertaking conditional relief from sanctions before execution of inspection on spot or before it had sufficient data to require issuance of a court decision under the procedure of Art. 51, as well as it had not at disposal sufficient evidence, to pronounce a decision on finding of infringement.
(2) Save for the conditions of Para 1, in order to relief an undertaking from a property sanction, it should not had been executing actions to force the other undertakings to participate in the cartel, and should had been observing all conditions, as determined in the programme under Para 5.
(3) Commission may reduce the property sanction imposed to an undertaking for committed infringement of Art. 51 of this Law and/or of Art. 81 of the Treaty Establishing the European Community, expressed in participation in a secret cartel, under the condition, that it voluntarily and before procedure is finalized, presents an evidence of significant importance to prove the infringement and observes all conditions, as determined in the programme under Para5.
(4) Relief from sanction and reduction of sanction for infringement of Art. 15 of this Law or of Art. 81 of the Treaty Establishing the European Community shall be admitted under the condition that the undertaking had stopped participation in the prohibited agreement, except Commission assesses that extension of participation in question is needed for the investigation.
(5) Terms and procedure for relief from sanction or reduction of the sanction shall be determined in the Programme for Relief from Sanctions or Reduction of the Sanctions and its Rules of Implementation, adopted by a decision of the Commission.

Fines
Art. 102. (1) Natural persons, who contributed to commitment of infringements under the Law, if the deed does not constitute a crime, shall be punished with a fine in amount of from 500 up to 50 000 BGN.
(2) To persons, who do not provide within the set forth period evidence or complete, correct, true and not misleading information under Art. 47, Para 5, 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 which period the required evidence and information shall be provided. In event of failure to perform within that period, to the person periodical fine in amount 500, but not more than 20 000 BGN per day may be imposed.
(4) When determining the amount 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 4.

Execution
Art. 103. Property sanctions and fines, imposed on the base of entered into force decisions of the Commission, shall be collected following the procedure of Tax-procedure Code.

Claims for compensation
Art. 104. (1) For caused damages as a consequence of committed infringements under this Law the guilty person shall owe compensation.
(2) Entitled for reimbursement shall be all natural and legal persons, who have been damaged, even if the infringement was not aimed directly against them. 
(3) Claims for compensation shall be filed under following the procedure of Civil Procedure Code.
(4) A decision of the Supreme Administrative Court, confirming a decision of the Commission of findings of committed infringement, shall have binding effect for the civil court regarding the fact if the decision of the Commission is valid and lawful. Binding effects for the civil court with regard to the validity and lawfulness shall also have a decision of the Commission which was not appealed or the complaint against it is not withdrawn. In these cases entitled to compensation shall lapse within 5 years from the decision of the Supreme Administrative Court or of the Commission enters into force

Additional provisions

§ 1. In the meaning of this Law:
1. "Internal documents" are: documents created by the Commission and/or by the administration within the course of the proceedings under this Law (drafts, opinions, reports of working teams, memorandums, etc.); documents presenting correspondence of the Commission with the European Commission, with the competition authorities of the Member-States of the European union; other documents of the Commission and/or the administration, connected with its operative activity.
3. "Fair trade practice" are the rules, determining the market behaviour, which arise from the laws 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 during an inspection is carried out, in electronic format, by way of copying electronic documents or statements in 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. "Cartel" is an agreement and/or coordinated practice between two or more undertakings – competitors on the relevant market, directed to restriction of competition by determining prices or price conditions for or purchase or sale, apportioning of quotas for production or sales or sharing markets, including by way of manipulating public tenders, competitions or procedures of public procurement assignment.
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 concrete action, as decreed by the Commission on the grounds of its powers assigned by this Law.
7. "Undertaking" is every natural, legal person or a non-personified entity, who carries out business activity, not depending on its organizational form.
8. "Continued infringement " is this infringement, where two or more deeds – actions or inactions, are performed during not long periods from tine to time in one and the same factual circumstances, whereas the forthcoming ones appear as an extension to the previous.
9. "Production or trade secrecy" are facts, information, decisions and data connected with the business activity, and keeping in secrecy of which is in the interested of the entitled persons, for which they have taken appropriate measures.
10. "Professional secrecy"
a) any information, which Commissions creates or acquires for the purposes of the investigation under this Law or in connection with it or dissemination of which may endanger the business interests or the prestige of the parties to the correspondence or of a third person; professional secrecy does not present service secrecy in the meaning of the Law on Protection of the Classified Information;
b) information, exchanged between the Commission, the national competition authorities of the Member-States, the European Commission in connection with execution of their powers and the co-operation between them.
Information, available to the public or is subject to public announcement according this Law or under another law shall not be considered "Professional secrecy".
11. "Advertisement" is any message in connection with trade, craft or a profession, which aims to encourage 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 association of independent undertakings, which does not perform separately self-dependent business activity and respectively does not share profit.
13. "Business activity" is the activity of undertakings, results of which are purposed for market exchange.
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 regard 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. "Grave infringement" is an infringement under Art. 15 and 21 of this Law or under Art. 81 and 82 of the Treaty Establishing the European Community, which impacts or could impact significantly and durably within the time the competition environment on a substantial part of the national market.
17. "Forensic evidence" is evidence, collected upon inspection on spot by specialized technical devices (forensic laboratory) for restoration, certification the authenticity and analysis of digital information, presenting 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 digital format.

§ 2. This Law introduces provisions of Directive 2006/114/EC of the European Parliament and of the Council concerning misleading and comparative advertising of 12 December 2006.

§ 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 Law on Judiciary and the Attorney Law.

Transitional and concluding provisions

§ 4. The Law on Protection of Competition (prom. SG 52/1998; Decision No. 22 of the Constitutional Court of 1998 – SG 112/98; amend SG 81/1999; 28/2002; 9 and 109/2003; 105/2005; 37, 59 and 86/2006; and 64/2007) is repealed.

§ 5. (1) With the purpose to observe the principle of succession in the work of the Commission when carrying out the firs election of Members of the Commission for Protection of Competition under Art. 4, Para 3, three of the four members of Commission shall be elected for a period of 3 years.
(2) Members of Commission for Protection of Competition, including the Chairperson and the Deputy – Chairpersons, up to the date on which this Law becomes effective, shall continue to execute their functions until the newly elected members of the Commission take their position.

§ 6. (1) Pending cases to the moment of this Law becomes effective correspondences before the Competition for Protection of Competition shall be finalized under the existing procedure.
(2) Applications, filed under the repealed Law on Protection of Competition, on which proceedings by the Commission have not been started, shall be processed following the procedure of this Law.

§ 7. (1) Pending at the moment of this Law becomes effective proceedings before the Commission for Protection of the Consumers shall be finalized under the procedure set forth in the Law on Protection of Consumers.
(2) Indications, complaints and applications filed to the Commission for Protection of Consumers with relation to Chapter Three "Misleading and Comparative Advertising" of the Law on Protection of Consumers, proceedings on which still has not been initiated, shall be considered following the procedure under this Law.

§ 8. Pending cases shall be finalized under the procedure being effective at the moment of their initiation.
…….
§. 12. Within 3 months term after this Law 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 Law.

§ 13. Execution of the Law shall be assigned to the Commission for Protection of Competition.
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This Law was adopted by the 40th National Assembly on 14th of November 2008 and was sealed with the official stamp of the National Assembly.

Transitional and concluding provisions
TO THE LAW ON AMENDMENT AND SUPPLEMENTATION OD THE LAW ON PROTECTION OF COMPETITION 
(PROM. - SG 54/10) 

§ 5. (1) Within a month from the entry into force of this Law 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 previous members shall continue to perform their functions. 
§ 6. Within two months from the entry into force of this Law the Commission on Protection of Competition shall adopt amendments and supplementations of the Structural Regulations of the Commission on Protection of Competition.