The Bulgarian Competition Authority holds that a network of vertical exclusivity agreements covering 86% of the relevant market has anticompetitive effects (Net Is Sat / Megalan / University of National and World Economy and Others)

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 competitors and therefore had anticompetitive effects in the meaning of the national equivalent of Article 101(1) of the TFEU [1]. The agreements that concerned only construction and exploitation of Internet infrastructure were individually exempted under the local equivalent of Article 101(3) of the TFEU for four years. The agreements regarding access to Internet did not qualify for an individual exemption and were condemned as illegal. The fines imposed were minimal [2]. Facts of the case Megalan

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Dessislava Fessenko, The Bulgarian Competition Authority holds that a network of vertical exclusivity agreements covering 86% of the relevant market has anticompetitive effects (Net Is Sat / Megalan / University of National and World Economy and Others), 17 December 2009, e-Competitions December 2009, Art. N° 30449

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