Dessislava Fessenko

Kinstellar (Sofia)
Counsel

Dessislava Fessenko is a counsel at Kinstellar in the Sofia office. She focuses on competition, EU and commercial law, as well as digital technologies and regulated industries. Previously, Ms. Fessenko was a Senior Attorney with CMS Reich-Rohrwig Hainz and heads the Competition & EU practice in Sofia. Her practice spans EU and national antitrust, merger control and State aid regulations. Dessislava has advised leading international corporations on projects in the sectors of retail food, pharmaceuticals, energy, real estate properties and basic industries. Before joining CMS Reich-Rohrwig Hainz, she practised EU and Bulgarian competition law in the Brussels office of a magic circle UK law firm for four years and at a major pharmaceuticals manufacturer during a six-month client secondment. Dessislava is an attorney-at-law (advokat) and member of the Sofia Bar.

Articles

82872 Bulletin

Dessislava Fessenko The Bulgarian Supreme Court dismisses mere price parallelism as a form of concerted practice in the absence of compelling evidence of such (Travel Agencies)

106

The Bulgarian Supreme Administrative Court (the “SAC”) held that price parallelism in and of itself – absent evidence of coordination – did not constitute an anticompetitive concerted practice. 1. The alleged infringement In a decision of March 2012, the Bulgarian Commission for the Protection of (...)

Dessislava Fessenko The ECJ provides further guidance as to whether restructuring aid granted pre-accession represents “existing aid” in the meaning of Article 1 of Regulation 659/1999 (Kremikovtzi)

70

The European Court of Justice (the "ECJ") ruled that restructuring measures implemented prior to a Member State’s accession to the European Union may not be considered to constitute "existing aid" in the meaning of Article 1(b) of Regulation 659/1999 since they were not applicable after (...)

Dessislava Fessenko The Bulgarian Supreme Court confirms that the acquisition of assets in the course of a judicial sale constituted a concentration in the meaning of the merger control rules (Oktopod Invest/Slunchev Dar)

19

The Bulgarian Supreme Administrative Court (the “SAC”) alleviated any doubts as to the qualification of asset purchases at judicial sales as a concentration in the meaning of merger control rules. The SAC upheld a ruling of the Bulgarian Commission for the Protection of Competition that such (...)

Dessislava Fessenko The European Commission holds that a State aid granted prior to accession concerning the protracted enforcement of an outstanding debt and that has effects post-accession is incompatible with EU State aid law (Ruse Industry)

188

The European Commission held that a Member State’s delay to enforce an outstanding debt prior to Accession that produced effects post-Accession constituted incompatible new State aid. The measure in question was also illegal because materialised without being notified to the European Commission (...)

Dessislava Fessenko The Bulgarian Commission for Protection of Competition closes a probe into alleged bid-rigging among suppliers of pharmaceuticals without establishing an infringement (Alta Pharmaceuticals, Roche)

1050

The Bulgarian Commission for Protection of Competition (the «CPC») closed an investigation into alleged bid-rigging practices among suppliers of pharmaceuticals absent collaborative evidence of price coordination and with further regard to the transparency-enhancing effects of the domestic (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court dismisses liability for participation in a cartel when the undertaking is not active in the market concerned (Vegetable Oil Manufacturers and Suppliers)

681

The Bulgarian Supreme Administrative Court (the “SAC”) dismissed liability for participation in a hard-core agreement with respect to parties that were not active in the market concerned by it. The grounds of judgment do not reveal a particular rationale behind it. However, the ruling invites (...)

Dessislava Fessenko The Bulgarian Competition Authority holds that a network of vertical exclusivity agreements covering 86% of the relevant market has anticompetitive effects (Megalan - Universities)

2205

The Bulgarian Commission for Protection of Competition (the “CPC”) found that a network of vertical exclusivity agreements regarding construction and exploitation of Internet infrastructure and access to Internet that covered 86% of the relevant market foreclosed new entries and expansion by (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court quashes an NCA decision applying Art. 3.1.g and 10 in conjunction with Art. 81 EC on grounds of separation of powers and national procedural autonomy (Chamber of the design engineers)

1295

The Bulgarian Supreme Administrative Court (the “SAC”) annulled the first decision of the Bulgarian Commission for the Protection of Competition (the “CPC”) declaring domestic statutory provisions incompatible with Articles 3(1)(g) and 10 in conjunction with Article 81 of the EC Treaty and that (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court holds that the absence of a party to a hard-core arrangement from the market concerned rules out an infringement of the local equivalent of Art. 81 EC by this party (Vegetable Oil Manufacturers and Suppliers / CPC)

2613

The Bulgarian Supreme Administrative Court (“SAC”) thrashed out the fundamentals of the notion of “anticompetitive agreement” under the local equivalent of Article 81(1) of the EC Treaty in a recent cartel case judgment. The aftermath is somewhat cryptic but possibly instructive: the SAC held that (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court upholds a NCA decision evoking Art. 81.1 and 3 EC for the first time (Association of the Bulgarian insurance companies and Others - “Civil liability insurance for car drivers”)

1956

Parts of this article feature in another publication of the author on the same matter for e-Competition. See : Dessislava Fessenko, The Bulgarian competition authority applies for the first time Art. 81.1 EC and sanctions 14 insurance companies for fixing minimum levels (Association of the (...)

Dessislava Fessenko The Bulgarian Competition Authority applies Art. 81 EC and the useful effect doctrine to minimum price maintenance and sets aside a statutory provision facilitating it (Chamber of the design engineers)

2357

The Bulgarian Commission for Protection of Competition (the ¡°CPC¡±) found that a methodology for setting the prices of structural design services adopted by a professional regulation body effectively introduced minimum price maintenance and condemned the methodology as anticompetitive. The (...)

Dessislava Fessenko The Bulgarian Competition Authority applies for the first time Art. 81.1 EC and sanctions 14 insurance companies for fixing minimum levels (Association of the Bulgarian insurance companies)

5838

On 15 July 2008, the Bulgarian Commission for Protection of Competition (the “CPC”) sanctioned 14 insurance companies for fixing minimum levels of the premium for the compulsory Civil Liability insurance for car drivers (“Civil Liability insurance”) and of the commission paid to insurance brokers (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court endorses a fine-tuning of the notion of an “undertaking” with respect to non-profit organizations (Geto Productions v CPC)

2624

By a judgment of early April this year, the Bulgarian Supreme Administrative Court (the “SAC”) upheld a ruling of the Bulgarian Commission for Protection of Competition (the “CPC”) that non-profit organizations could not be regarded as “undertakings” in the competition law sense of the word if they (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision sanctioning the telecom incumbent for exerting margin squeeze on its competitors in the markets for fixed telephone services (BTC / CPC)

7133

On 9 January 2008, the Supreme Administrative Court (the “SAC”) handed down a final judgment. in a dispute between the local telecom incumbent - Bulgarian Telecommunication Company AD (“BTC”) and the Bulgarian Commission for Protection of Competition (the “CPC”) concerning an alleged margin squeeze (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court quashes an NCA decision penalising agreements thwarting parallel imports of premium branded beverages (Diageo Brands)

6111

The first two sections of the article are derived from another article by the same author concerning the NCA decision in the case ; see Dessislava Fessenko, The Bulgarian Commission for Protection of Competition fined foreign-based suppliers for thwarting parallel imports of premium branded (...)

Dessislava Fessenko The Bulgarian Competition Authority fines the local telecom incumbent for a refusal to interconnect a competitor to its communication network (Netplus / BTC)

4262

By Decision n° 510 of 5 July 2007, the Bulgarian Commission for Protection of Competition (the “CPC”) held Bulgarian Telecommunication Company AD (“BTC”) liable for abusing its dominant position in the market for voice telephony services by refusing to provide interconnection between its (...)

Dessislava Fessenko The Bulgarian Supreme Administrative Court handed down an NCA decision finding that a holder of the trade mark “Der Grüne Punkt” abused its dominant position on the collective waste management market (Ecopack Bulgaria)

4128

On 9 February 2007 the Supreme Administrative Court (the “Supreme Court”) handed down a decision of the Bulgarian Commission for Protection of Competition (the “CPC”) finding that Ecopack Bulgaria AD (“Ecopack”), a collective waste-handling organization holding the right to use the trade mark “Der (...)

Dessislava Fessenko The Bulgarian Commission for Protection of Competition fines collective management societies for abusing their collective dominant position by imposing unfair pricing conditions and refusing to deal (Collective Management Societies)

34

The Bulgarian Commission for Protection of Competition (the “CPC”) sanctioned six collective management societies for abusing their collective dominant position by imposing unfair pricing conditions for licensing to cable TV operators the rights that the societies managed, as well as for refusal (...)

Dessislava Fessenko The Bulgarian NCA cleared a State aid in the form of compensation for public transportation services under national State aid rules (Elena Avtotransport)

11589

By this Decision of 2 November 2006 the Bulgarian Commission for Protection of Competition (“the Commission”) cleared a State aid in the form of compensation for public transportation services, provided on the territory of Municipality of Elena, North-Eastern Bulgaria, by the transport operator (...)

Dessislava Fessenko The Bulgarian Commission for Protection of Competition exempts an exclusive supply and distribution agreement in the pharmaceuticals sector on grounds of security of supply and more competitive prices to patients (GSK – Agroengineering)

49

The Bulgarian Commission for Protection of Competition (the “CPC”) exempted an exclusive supply and distribution agreement between GSK Bulgaria and Agroengineering from the prohibition of the local equivalent of Article 101 TFEU on grounds that the agreement guaranteed regular supplies at most (...)

Dessislava Fessenko The Bulgarian Commission for Protection of Competition fines foreign-based suppliers for thwarting parallel imports of premium branded beverages (BG IN / Diageo Brands)

8095

By Decision n° 136 of 22 June 2006 (the “CPC decision”), the Bulgarian Commission for Protection of Competition (the “CPC”) fined three foreign-based beverage suppliers for preventing parallel imports of premium branded alcohols into Bulgaria. The CPC decision is noteworthy for introducing the (...)

Dessislava Fessenko The Bulgarian Commission for Protection of Competition finds that a call option and certain minority shareholder protection rights do not confer control (Novator – Bulgarian Telecommunication Company)

230

The Bulgarian Commission for Protection of Competition (the “CPC”) held that a call option for purchase of a majority stake in a target company, as well as certain minority shareholder protection rights, conferred no control in the competition law meaning of the notion and, thus, did not lead to (...)

Dessislava Fessenko The Bulgarian Commission for Protection of Competition dismisses minority shareholder protection rights as a form of acquisition of control (Beer Production)

199

The Bulgarian Commission for Protection of Competition (the «CPC«) found that minority shareholder protection rights conferred no control in the competition law meaning of the notion because they did not relate to the exercise of decisive influence but merely to preservation of the shareholder’s (...)

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