Необходим ли е чл.19 от Закона за защита на конкуренцията за ефективното прилагане на забраната за злоупотреба с пазарно господство
Is Article 19 of the Law Act on Protection of the Competition Necessary for the Efficient Application of the Prohibition of the Abuse of a Dominant Position

Author(s): Emilia P. Dimitrova
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Нов български университет
Keywords: Dominant Position; Monopoly Position;Exclusive right
Summary/Abstract: The Protection of Competition Act includes the legal definitions of both notions “dominant position” and “monopoly position”. The conclusion drawn from existence of both definitions is that the Bulgarian legislator considers the dominant position and the monopoly position as two separate legal phenomena. This research aims to present their specifics and to explain whether the distinction between them is necessary for applying the prohibition under Art. 21 of Protection of Competition Act. In the light of the above mentioned problems it is examined the national legislation and the practice of the national competition authorities in the area of the abuse of a dominant and monopoly position. The analysis compares the national regulation and practice with the applicable legal rules of the other national EU jurisdictions and the practice of the European Commission and the Court of Justice of the EU concerning the abuse of dominance. It is concluded that the monopoly position is a form of the dominance and therefore the distinction between them is unnecessary for the application of the Art. 21 of the Protection of Competition Act. This conclusion provides a solid basis for de lege ferenda changes.

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