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Bulgaria: New regulation against abuse of economic dependence

 |  July 15, 2015

This month the Bulgarian Parliament adopted a package of measures aiming to combat unfair business-to-business trading practices. In particular practices in the retail supply chain. The legislators also approved an amendment to the Protection of Competition Act, introducing new rules prohibiting “abuse of superior bargaining position”.

According to the legislative amendment, the existence of “superior bargaining position” should be established upon assessment of the structure of the relevant market and the specific relations between the undertakings concerned, taking into account the nature of their activities and difference in scale of operations.

The new prohibition covers any act or failure to act of an undertaking with “superior bargaining position”, which contradicts good faith business practices and harms or threatens the legitimate interests of the weaker contractual party and the consumers.

Full content: Kinstellar

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