Реализиране на антиконкурентния потенциал на съвместните предприятия в България (1991-2010 г.)
Realization of the Anticompetitive Potential of Joint Ventures in Bulgaria (1991-2010)

Summary/Abstract: The paper is dedicated to the answer of the unresolved question since the turning 1989 whether the popular for their advantages joint ventures manifest in Bulgaria one of their most important disadvantages, namely the realization of the two main types of infringements of competition – behavioral and structural. The starting point in the study is the overview of the legal regulation of joint ventures under European Communitarian competition law as a source of the correspondent Bulgarian legislation. Тhe Bulgarian legal norms on competition relating to joint ventures in the three laws on protection of competition successively passed in Bulgaria in 1991, 1998 and 2008 and the extent of adoption in them of the joint ventures’ regulatory norms of the supranational competition law of the European Union are reflected. The biggest attention is given to the internationally comparable results from the analysis of the identified by the author decisions of the Commission for Protection of Competition (CPC) relating to the presence or the lack of behavioral and structural infringements of competition by joint ventures for a sufficiently long period that has been fixed here at 20 years, or this is the period from the creation of the national authority for the protection of competition in 1991 to 2010. In this regard, data are presented for: year in which the CPC’s decision is promulgated; grounds for initiating proceedings before the CPC; domestic or international variety of the joint ventures in the CPC’s decisions; industries of the joint ventures according to three industrial classifications; pecuniary sanctions imposed by the CPC to the joint ventures.

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