Companies with a “dominant position” will be publicly named and shamed
Lawmakers have banned companies from charging “excessively high prices”
© ECONOMIC.BG / BTA
With almost no debate, the National Assembly (NA) passed on second reading amendments to the Competition Protection Act (CPA) that provide for stricter penalties for companies abusing their dominant market position.
The amendments introduce a definition of “joint dominant position,” which states that:
A joint dominant position exists when there is economic interdependence or other factors between two or more undertakings that create a relationship between them, allowing them to act together to a significant extent, independently of their competitors, suppliers, or buyers, and to hinder competition in the relevant market.”
Specifically, the law prohibits undertakings in such a position from imposing “excessively high prices” that could negatively affect market competition. The chairman of the Budget Committee, Konstantin Prodanov, explicitly stated that violators will be “exposed to the market” and that when someone takes advantage of their position, “we will slap their hands.”
It is prohibited for enterprises in a dominant or jointly dominant position to impose excessively high selling prices,” the law further states.
In the event of a violation, the CPC imposes a financial penalty of up to 10 percent of the enterprise’s total turnover for the previous fiscal year.
The CPC will also conduct sectoral analyses of “markets of high public importance,” including: A separate central registry will be established to track the supply chain of agricultural and food products, as well as other products at the wholesale stage—from business operators through distribution to the end consumer.
- Agricultural and fast-moving consumer goods;
- Fuels;
- Energy;
- Telecommunications;
- Pharmaceuticals.
Failure to submit data for entry in the registry or submission of false or misleading information will result in penalties ranging from €2,500 for small businesses to €500,000 or 1% of turnover for the largest companies. In the event of a repeat violation, fines can reach 2% of turnover, and in the case of systematic violations of the obligations to submit data to the registry—up to 10%.
Opposition lawmakers, however, saw risks in the text. Martin Dimitrov of “Democratic Bulgaria” believes the law grants “incredible powers” to the CPC, about which they have “doubts as to whether it can be adequately enforced.
Given the CPC’s capacity, how will it handle this obligation? And won’t it just become a big stick? We all see the problems with prices, but will such powers actually solve them?” Dimitrov asked.
Tsontcho Ganev of “Vazrazhdane” compared the law to the previous consumer protection law, which prohibits unjustified price hikes.
This is a second bill based on the principle: I really wanted to, but I didn’t have the will. You really want to control prices, but you didn’t have the will to actually do it,” said Ganev.
According to the leader of “We Continue the Change” (PP), Assen Vassilev, the concept of “joint dominant position” is not well defined.
If several companies account for over 60% of the market, they must collectively prove to the CPC that they are not in a joint dominant position. “In any given market – whether there are 20 or 25 companies – they alone will account for 60% of the market. How will you prove that you are not hindering competition in that specific market?” he asked.
Subsequently, the chairman of the Budget Committee, Konstantin Prodanov of “Progressive Bulgaria”, explained that the goal is “to bring pricing out into the open.”
This is one of the biggest trade secrets; we don’t want to reveal it to everyone, but let the regulator see what it’s all about,” Prodanov said.
Translated with DeepL.