The aim of the legislation on unfair competition in Bulgaria is the preservation, protection and development of the free market and of the effective competition in the economy. In modern societies the competition is crucial for the existence and functioning of the market economy.
The provisions on protection against unfair competition in Bulgaria can be found in the Unfair Competition Act (UCA). Unfair competition represents a violation of the applicable rules and standards of trade competition and, in this way of, the conscientious business practice. Above all, the competition is associated with the rules for equitable economic behavior, which is to be observed by each company. Article 29 provides the common rule that "Any act or omission by the performance of the transactions which is in contradiction with conscientious commercial practice and damages or may damage the interests of competitors is prohibited." There are also complications of unfair competition, which are enumerated in the Article 30-37 of The Unfair Competition Act.
Article 30 forbids the damaging of the good name and reputation of the competitors, as well as the reputation of the goods and services offered by them through the dissemination of false information or of distorted facts.
Another article prohibits misleading as to the essential characteristics of goods or services, or as to the manner of its use or performance. Article 32 deals with the misleading and comparative advertising, and envisages responsibility for the agency that has created the advertisement. The Act regulates further the various forms of such advertising.
The imitation is prohibited, and in particular: the supply of goods or services with their appearance, packaging, labeling, or other characteristics being misleading as to the origin, the manufacturer, the seller, the type and location of manufacture, source and method of acquisition and use, the quantity, quality, nature, the user or other essential characteristics of the goods or service; prohibited are the use of the company name, brand or geographical indication which are corresponding or similar to those of other persons, or way of use which can damage the interests of competitors, as well as the use of domains or Web page appearance, which are identical or similar to those of other individuals and in this way can be misleading or damage the interests of competitors.
Article 36 regulates the unfair attraction of others’ client as a form of unfair competition. It prohibits any unfair competition in form of attraction of clients, aimed at contracts’ termination, at abuse of dominant position and all other acts and actions that may lead to the avoidance, limitation or infringement of the competition.
In order to ensure protection The Unfair Competition Act appoints the Commission for Protection of Competition as an independent agency, which should observe and control the independent economic entities, goods and services offered on the free market. The Commission for Protection of Competition is concerned with all forms of violation of the free market competition.
We are your lawyers in cases of protection against unfair competition in Bulgaria. The services of the law firm Ruskov & Coll. in the area of competition law include:
- Preparation of confidentiality and customer protection agreements;
- Enforcement of antitrust claims;
- Advising clients whose goal is consistency of their business with the rules of competition law;
- Representation before the Commission for Protection of Competition (CPC);
- Procedural representation before the court for appeals against decisions of the Commission;
- Review of promotional activities and strategies;
- Advice on the maximum presentation possibilities of a company, particularly in advertising;
- Preparation of all types of information to be submitted to the Commission.
- Structuring and analysis of planned mergers and acquisitions and their performance in accordance with the Act on the Protection of Competition;