Law Amending The Law On Protection Of Competition

Original Language Title: Закон за изменение и допълнение на Закона за защита на конкуренцията

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15042/

Name of law
Law amending the Law on Protection of Competition




Name Bill
Bill amending the Law on Protection of Competition





Date of adoption
09/07/2015



Number / year Official Gazette
56/2015







DECREE № 137
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Protection of Competition adopted by HLIІI National Assembly on July 9, 2015 | || Released in Sofia on July 21, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on Protection of Competition (prom. SG. 102 of 2008 .; amend., SG. 42 of 2009 No.. 54 and 97 of 2010, pcs. 73 2011 SG. 38 of 2012 and SG. 15 of 2013)
§ 1. In art. 1, para. 2, first sentence eventually "or abuse of a strong bargaining position."
§ 2. In art. 4 para. 1 a second sentence: "The committee members are selected following a public procedure and can not be re-elected immediately for another term."
§ 3. In Part Two is created Chapter Seven "and" with art. 37a:
"Chapter Seven" and "
ABUSE stronger position when negotiating
Art. 37a. (1) Any act or omission of a company with a strong bargaining position, which is contrary to fair trade practice and harms or may harm the interests of the weaker party in the negotiation and consumers. Fraudulent actions or omissions that have no objective economic justification, such as unjustified refusal to supply or purchase goods or services, imposing unreasonably onerous or discriminatory conditions or unjustified termination of trade relations.
(2) The presence of a strong bargaining position is determined by the performance characteristics of the structure of the market and the specific relationship between the undertakings concerned, taking into account the degree of correlation between them, the nature of their work and the difference in its scale, the probability of finding an alternative trading partner, including the existence of alternative sources of supply, distribution channels and / or customers. "
§ 4. In the title of Chapter Twelve word" chapter "is replaced by" heads "and finally added "seven" a ".
§ 5. In art. 94, para. 1 after the words "Chapter Seven" insert "or seven" a ".
§ 6. In art. 98, para. 1 in the text before item. 1 after the words "Chapter Seven" insert "or seven" a ".
§ 7. In art. 100 made the following amendments:
1. A new paragraph. 2:

"(2) violation of the prohibition of art. 37a. 1 the Commission imposed a pecuniary penalty of up to 10 per cent of the of the undertaking turnover from the sale of the product under the breach of the previous year but not less than 10 000 lev When no turnover, the Commission imposed a property sanction from 10 000 to 50 000 Levs. "
2. Former para. 2 becomes para. 3.
third. Former para. 3 becomes para. 4 and the words "para. 2 "is replaced with" para. 3 '.
4. Former para. 4 and 5 become par. 5 and 6.
5. Former para. 6 becomes para. 7 and her everywhere the words "para. 3 "are replaced with" para. 4 ".
6. Former para. 7 becomes para. 8 and the words "para. 5 and 6 "shall be replaced with" para. 6 and 7 ".
§ 8. In art. 102, para. 4 words "para. 4 "are replaced with" para. 5 ".
Transitional and Final Provisions
§ 9. Within three months of the entry into force of this Act the Commission for Protection of Competition aligns him with the Rules of the Commission for Protection of Competition and other acts stipulated by law.
§ 10. In the Food Act (prom. SG. 90 of 1999 .; amend. Pcs. 102 of 2003, SG. 70 of 2004, pcs. 87, 99 and 105 2005 pcs. 30, 31, 34, 51, 55, 80 and 96 of 2006, pcs. 31, 51 and 53 of 2007, pcs. 36 and 69 in 2008, pcs. 23 41, 74, 82 and 93 of 2009, pcs. 23, 25, 59, 80 and 98 in 2010, pcs. 8 2011, pcs. 54 and 77 of 2012, pcs. 68 2013 SG. 26 of 2014 and SG. 14 of 2015) make the following additions:
1. A new art. 19:
"Art. 19. (1) The contract for the purchase of food for subsequent sale can not:
1. It contains a prohibition or restriction on the contracting party offers or purchases goods or services or by third parties;
2. It contains a prohibition or restriction on the party to the contract to provide the same or better commercial terms of third parties; 3
. It provides for penalties for providing the same or better commercial terms of third parties;
4. be amended unilaterally, unless specifically provided for in the contract;
5. provides remuneration for services not actually provided;
6. It provides for transfer of unjustified or disproportionate commercial risk to either party;
7. It provides payment period longer than 30 days from the date of receipt of the invoice delivery or another call for payment; when the invoice or call is received before receiving the goods, the period starts from the day following the day of receipt of goods, although the invoice or call for payment before that;
8. It contains a prohibition or restriction on contracting party to transfer claims to third parties.
(2) Reservations in violation of para. 1 are void. "
2. A Chapter Six "b" with art. 37e - 37l:
"Chapter Six" b "
NATIONAL ADVISORY COUNCIL FOR BETTER OPERATIONS OF THE CHAIN ​​FOOD SUPPLY. conciliation committee

Art. 37e. (1) The Minister of Agriculture and Food establishes a national advisory council for better functioning of the supply chain of food (National Council).
(2) Members of the National Council includes representatives of the Ministry of Agriculture and Food, the Ministry of Economy, the Executive Agency for Promotion of SMEs, professional organizations of food producers and industry organizations on food business operators.
(3) Chairman of the National Council is the Minister of Agriculture and Food.
(4) The National Council encourages the conclusion of agreements between associations of producers and traders of food, give opinions, opinions and recommendations on the problems identified in the supply chain of food and draft legislation, including their implementation, and other.
(5) The National Council shall be convened by the Chairman or at the request of one third of the Board members offered agenda of the meeting.
(6) The National Council may be assisted by committees or working groups.
(7) Members of the National Council shall not receive remuneration for their work in it.
(8) The Minister of Agriculture and Food issued Rules of Organization and Procedure of the National Council.
Art. 37zh. (1) The Minister of Agriculture and Food create a conciliation commission, which contributes to ADR between manufacturers and retailers of food, including compliance with best practices and failure to unfair trade practices.
(2) Reconciliation Commission operate under regulations issued by the Minister of Agriculture and Food.
(3) Proceedings before the conciliation commission is free.
Art. 37h. (1) The Conciliation Committee consists of a chairman appointed by the Minister of Agriculture and Food, and members - persons nominated by professional organizations of food producers and industry organizations on food business operators represented in the National Council. The list of proposed members is approved by the Minister of Agriculture and Food.
(2) The chairman of the conciliation commission shall be elected person who has higher legal education and legal experience not less than 10 years.
(3) The members of the conciliation committee are specialists in the industry related to the supply chain of food, and have higher legal or economic education.
(4) Reconciliation Commission conducts conciliation proceedings in the three-member panel consisting of the chairman and two members elected from the list under par. 1 of each of the parties involved.

(5) The conciliation proceedings may be held by the President or by a single member of the conciliation commission if the parties to the dispute have reached an agreement in writing.
(6) can not participate in the conciliation proceedings committee member:
1. who is a spouse or lives together, or a relative in a straight, lateral line to the fourth degree or by affinity to the third degree with any of the parties involved;
2. who was a representative or agent of a party to the dispute; 3
. who has been in employment or relationship with any of the parties to the dispute in the past three years;
4. for which there are other circumstances giving rise to reasonable doubt as to his impartiality.
(7) The President or member of the Commission is obliged to make a gap, if there is a circumstance under par. 6.
(8) The Chairman and members of the committee signed a declaration that there are no circumstances under par. 6 for each procedure, involving and present it to the parties involved.
(9) Any party to the dispute may request removal of the chairman or committee member if there is a circumstance under par. 6.
(10) The Chairman and members of the Commission may not disclose information which has become known to them in connection with the performance of their duties.
Art. 37i. (1) The conciliation proceedings shall be instituted on the basis of a written objection by the manufacturer or dealer of food for the purposes of this Act.
(2) In plea acknowledging the facts and circumstances of the dispute, specific requests and elected member of the conciliation commission from the list of art. 37h para. 1. The opposition shall apply all documents necessary to clarify the issues in dispute.
(3) are not considered anonymous objections, objections to the dispute, which has completed conciliation proceedings of the conciliation committee or the dispute is referred for resolution before a judicial authority.
(4) Ended conciliation proceedings may be reviewed if it relates to new facts and circumstances and the dispute has not been brought before the judicial authority or in connection with the implementation of the agreement between the parties involved.
(5) If the opposition is incomplete or unclear or insufficient documents conciliation commission leaves no objection motion inform the sender and determined 14 days to correct the deficiency.
(6) The objection sent to the affected persons in 14 days submit opinions and evidence.
(7) Within one month of conciliation proceedings the chairman of the commission shall determine the day, time and place of the meeting and send an invitation to the parties involved.

Art. 37k. (1) The Conciliation Commission consider the dispute in open court, if necessary, may request the parties additional documents, information or evidence.
(2) clarifying the dispute conciliation commission may appoint an expert.
Art. 37l. (1) The conciliation proceedings ended with the signing of a written agreement between the parties. Agreement drafted by the Commission within three months from the initiation of conciliation proceedings and submitted to the parties involved.
(2) The parties to the dispute conclude the agreement within 10 days of its submission.
(3) In the event that within the period under par. 1 conciliation commission has not submitted written agreement or the agreement is not accepted by the parties, the proceedings shall be terminated. "
§ 11. In 6 months after the entry into force of this Act contracts for the sale of foodstuffs concluded before the entry into force are brought into compliance with food law.
§ 12. The National Advisory Council for better functioning of the supply chain of food and conciliation commission to the Minister of Agriculture and Food are created within three months from the entry into force of this Act.
The law was adopted by the 43rd National Assembly on July 9, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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