BULGARIA Law and Practice Contributed by: Marin Sarafov, Petya Norova, Iva Georgieva and Eduard Milchev, G&P Law
6.4 Abuse of Dominant Position Legislation
The CPA applies on the basis of the effects doctrine. Accordingly, it applies to unilateral conduct carried out both within and outside Bulgaria where it has the object or effect of preventing, restricting or distorting competition on the Bulgarian market. Investigations and Sanctions The CPC is responsible for investigating and sanc - tioning infringements of the prohibition on abuse of monopoly, dominant and collective dominant posi - tions. It may conduct inspections, require informa - tion, order the cessation of the infringement, impose behavioural or structural remedies, and levy fines of up to 10% of the undertaking’s total turnover for the preceding financial year. Judicial Review Final decisions of the CPC are subject to judicial review before the Administrative Court – Sofia Region, the judgments of which may be appealed on points of law before the Supreme Administrative Court (the decisions of which are final). Under Bulgarian law, a patent is an exclusive right granted for an invention that is new, involves an inven - tive step, and is industrially applicable. Patent protec - tion is governed primarily by the Patent and Utility Model Registration Act. The patent holder has the exclusive right to the inven - tion, which includes the right to use the invention, the prohibition on third parties using it without the patent holder’s consent, and the right to dispose of the pat - ent. 7. Intellectual Property 7.1 Patents Patent protection is obtained through registration with the Patent Office of the Republic of Bulgaria. The application undergoes a formal examination and a substantive examination to determine whether it meets the requirements for patentability. The term of protection is 20 years from the filing date, provided that annual maintenance fees are paid.
The CPA prohibits the abuse of a monopoly, domi - nant or collective dominant position. The rules are contained in Chapter Four of the CPA and largely cor - respond to Article 102 of the TFEU. Significant legisla - tive amendments regarding the abuse of a monopoly, dominant or collective dominant position entered into force on 26 June 2026. Where the conduct is capa - ble of affecting trade between EU member states, the CPC applies both the CPA and Article 102 TFEU in accordance with Regulation (EC) No 1/2003. Definition of Dominant Position and Abusive Conduct A dominant position exists where an undertaking, hav - ing regard to factors such as its market share, finan - cial resources, access to the market, technological advantages and commercial relationships, is able to behave independently of its competitors, suppliers or customers. Following the June 2026 amendments, an undertaking holding a market share of at least 50% is presumed to be dominant, unless it demonstrates that it does not possess the characteristics of domi - nance prescribed by the CPA. The burden of rebut - ting the presumption rests on the undertaking. Prior to the June 2026 amendments, however, the burden of establishing the existence of a dominant position rested on the CPC. The 2026 amendments also introduced a statutory concept of collective dominance. Two or more under - takings may be found jointly dominant where eco - nomic interdependence or other factors enable them to act, to a significant extent, independently of their competitors, suppliers and customers, and thereby restrict competition. The CPA prohibits abusive conduct capable of pre - venting, restricting or distorting competition and harming consumers. Examples include the direct or indirect imposition of unfair purchase or selling prices or other unfair trading conditions, limiting production, etc. The amendments of 26 June 2026 also introduced a separate prohibition on the imposition of excessive prices by undertakings holding a monopoly, dominant or collective dominant position.
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