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

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 beverages (BG IN/Diageo Brands a.o.), e-Competitions, n° 16010. By Judgment n° 8113 of 10 August 2007, a three-member panel of the Bulgarian Supreme Administrative Court (the “SAC”) annulled a decision of the Bulgarian Commission for Protection of Competition (the “CPC”) whereby foreign-based beverage suppliers were fined for preventing parallel imports of premium branded alcohols into Bulgaria (the “CPC decision”) [1] The SAC quashed the CPC decision on grounds of precedence of trademark safeguard rules

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Dessislava Fessenko, The Bulgarian Supreme Administrative Court quashes an NCA decision penalising agreements thwarting parallel imports of premium branded beverages (Diageo Brands), 10 August 2007, e-Competitions August 2007, Art. N° 16039

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