REGARDING THE DRAFT AMENDMENT AND SUPPLEMENT TO THE COMPETITION PROTECTION ACT

The Bulgarian Industrial Association (BIA) supports the government’s and independent regulatory bodies’ efforts to foster accelerated and sustainable growth, a competitive market, reduced administrative pressure, and adherence to market rules and the principles of the rule of law. The draft amendment to the Competition Protection Act, submitted on September 12, 2025, introduces positive measures such as strengthening the administrative and financial capacity of the Commission for the Protection of Competition (CPC), aligning Bulgarian legislation with OECD recommendations, conducting sectoral analyses, simplifying procedures for businesses, and facilitating voluntary acknowledgment of violations to reduce penalties.

However, BIA raises several concerns. The proposed access for the CPC to electronic communications data is seen as disproportionate and a threat to constitutionally guaranteed privacy rights. The draft’s universal prohibition of unfair commercial practices is overly vague and could lead to subjective interpretations and excessive administrative burdens. Additionally, the sharp increase in penalties for unfair practices, up to 10% of total turnover, is considered disproportionate, especially for SMEs, as it equates minor violations with severe competition law breaches. Finally, BIA cautions against expanding on-site inspections for sectoral analyses, arguing that such invasive measures are unjustified when no specific violations are suspected. The association urges careful parliamentary review to address these issues and ensure balanced, proportionate legislation.