Members of parliament propose bill amending the Protection of Competition Act in Bulgaria

On 19 October 2022, lawmakers in Sofia introduced the Bill for amendment of the Bulgarian Protection of Competition Act (PCA). Registered on the opening day of the new Bulgarian parliament, the bill proposes changes concerning the composition of the Commission for the Protection of Competition (CPC), which is a panel of seven commissars.

The bill proposes reducing the mandate of the seven commissars from seven to five years, exactly as it was before the last amendment to the PCA in 2021. This change will align the mandate of the CPC with other state authorities and regulators. Some organisational changes, such as the appointment of two vice-presidents, have also been suggested with the aim of facilitating the Commission's administrative workflow.

The bill introduces additional requirements for the commissars that will ensure their independence, and increase the effectiveness of the Commission and public trust in its functions. According to the Bill, each commissar should have a Master’s degree and at least seven years of experience in his or her field (ten years for the Chair). Furthermore, while serving on the Commission, commissars cannot have seats on the management bodies of companies and cannot have been managers of companies declared insolvent, and where there are unsatisfied creditors.

The Bill proposes a new procedure for the appointment of commissars whereby the process will take place over several stages, including public nominations from parliament; collecting opinions on the nominees from NGOs, and professional and educational organisations; and hearing the candidates' manifestos and their responses to questions from the public. Nominees should declare their property status, private interests and connections with persons occupying senior management roles in the country’s authorities. Each new member of the CPC must be appointed by a majority of parliament.

The first appointment procedure will start one month after the Bill passes into law. At this time, however, it is not clear whether the Bill will be adopted in its current form.

For more information on this bill and competition law in Bulgaria, contact your regular CMS source or local CMS experts: Nevena Radlova and Ivan Petrov.