Practice

Consultation on a decision of the contracting authority for ranking of a participant in a public procurement who has offered a price that does not cover production costs

Our client has been involved in a public procurement procedure, in which it was ranked second. The successful tenderer has offered a price that does not cover production costs. This behavior has already been sanctioned as violating the rules for the implementation of fair competition by a decision of the Commission for Protection of Competition in 2012. The Law Firm advises the client regarding the defense against the public procurement conducted. An analysis has been performed of the behavior of competitor in order to take action before the Commission for Protection of Competition in connection with the failure of the Commission decision rendered under the Act on Protection of Competition.

Practice: Competition Law

Connection with other practices: Administrative Procedures and Regulations

Advice in relation to alleged breaches of the Bulgarian legislation on competition and European Union law in relation to the dissemination in Bulgaria of an expensive medicine

Our client is one of the leading wholesalers of medicinal products in the country. A request was filed to the Commission for Protection of Competition from another wholesaler for conducting a check regarding an eventual violation of the Bulgarian law on protection of competition by our client and one of the leading manufacturers in the global market of medicinal products concerning the dissemination in Bulgaria of an expensive medicine. The claims are for breach of the Bulgarian competition law and art. 101 of TFEU. Our team advises the client in the preparing of the required by the Commission for Protection of Competition information and documents in the case, and in the preparation of the future defense under the case. Currently a preliminary study by the Commission for Protection of Competition is being carried out.

Practice: Competition Law

Connection with other practices: Administrative Procedures and Regulations

Defense in proceedings before the Commission for Protection of Competition on the occasion of filed by our client signal of unfair competition, comparative and misleading advertising

Our team consulted one of the major importers of a famous brand cosmetic product. Before the Commission for Protection of Competition a starting signal was filed for unfair competition, comparative and misleading advertising against a competitor of our client who sells in its stores a cosmetic product which is not purchased from our client - the exclusive distributor of this product. The competitor places on the labels of the product, purchased from another distributor, the name and address of our client. As a result of the defense rendered the unfair practices were significantly limited.

Practice: Competition Law

Defense in the investigation of alleged manipulation of tenders

Our team accomplished consulting of a client in connection initiated before the Commission for Protection of Competition investigation of the alleged manipulation of tenders. The check involved examining the behavior of the participants in several large public procurement contracts. The representation of the client continues in 2014 before a three-member panel of the Supreme Administrative Court.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Defense before the Commission for Protection of Competition concerning unfair commercial practices in procedures for the award of public procurement contracts

Our team has been committed to client consultations in relation to combined proceedings before the Commission for Protection of Competition on cross-claims of the parties for unfair trade practices in procedures for the award of public procurement contracts. Subject to control was the behavior of three of the competitors of our client in the participation in public procurement procedures and the information provided in the preparation of the documentation for participation in procedures for the award of public procurement contracts. The representation of our client continued in 2013 before a five-member panel of the Supreme Administrative Court.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Consultations regarding alleged unlawful concentration between undertakings by sale of assets, passing of staff and clients from a competitive company to our client

Our team has been committed to consultations to a client regarding alleged unlawful concentration between undertakings by sale of assets, change of staff and customers from competitor company to our client. In 2013 the dispute was finally resolved by the allegations of infringements of competition law being denied by the Commission for Protection of Competition.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Consultation on charges for offering services at prices below the cost of production and marketing

Our team was committed to consulting a client in connection with several proceedings before the Commission for Protection of Competition, initiated as a result of allegations for execution of services at fees below the cost of realization. In the combined procedures at our request the majority of participants in a given market were involved. In the dispute solution as crucial proved the findings that our client and the other competitors provide to two different groups of users two different types of services, though interconnected, as far as the product market includes all goods and services that can be accepted by consumers as interchangeable in terms of their characteristics, price and intended use, with emphasis on the importance of the interchangeability of the demand. Based on this, a conclusion was made that in the provision of this specific service two product but related vertically markets form.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations

Request to seek a preliminary ruling to the ECJ concerning defense against concerted practices between competitors and the exchange of "sensitive information"

Our team was involved in legal consultations to a client regarding the formed on his own initiative procedure in the field of unauthorized agreements and concerted practices. The assertions were for sharing "sensitive information" between competitors, which created a risk of coordination and coordinated behavior of three of the competitors of our client, as well as combining their efforts in providing the service that puts these companies in terms of advantage over the other competitors who carry out the service on their own. Our activity included complex issues of antitrust law and the request to seek a preliminary ruling to the European Court of Justice.

Practice: Competition Law

Connection with other practices: Litigation, Administrative Procedures and Regulations