Bulgarian competition commission introduces pre-merger notification discussions

Bulgaria
Available languages: DE

On 1 January 2021, the Bulgarian Commission for Protection of Competition (CPC) introduced a new procedure for communicating with applicants in merger notification procedures before the notification for a concentration is made. This procedure is aimed at facilitating merger notifications and could result in a faster review process by the regulator.

The parties involved use a template form to initiate pre-notification meetings. The CPC has indicated that a meeting should be initiated at least two weeks before the notification for concentration. The national authority has provided a non-exhaustive list of topics, which can be discussed during the pre-notification meeting. These topics include:

  • procedure for the evaluation of the concentration;
  • nature and legal forms of the transaction, the type of control exercised, and the identification of the affected undertakings;
  • determination of the turnover thresholds;
  • issues related to the identification of the respective markets;
  • possibility for having part of the information exempt from the provision, which is not essential for performing the overall analysis of the concentration;
  • opportunity to discuss competitive issues, which could result from the transaction.

The meetings between the CPC and the parties involved will be subject to confidentiality. If the parties agree, the documents provided in these pre-notification contacts would be used by the national authority when evaluating the proposed notification.

Background

Pre-notification contacts are not intended to have a binding effect on the CPC, but will provide a valuable platform for applicants to discuss the anticipated notification with the regulator. The CPC welcomes contact in all pre-merger notifications so that all the parties involved are able to better understand the transactions and their effects on markets. Moreover, these contacts enable the regulator to produce its decision within the prescribed periods, and could reduce the need for the CPC to request additional supplementary information from the parties.

For more information on Bulgarian competition law, call or email your regular CMS contact or our local CMS expert Ivan Gergov, CMS Sofia.