The Bulgarian Supreme Administrative Court inflicts a record fine for prohibited vertical agreements within a selective distribution system of cars (Hyundai)

After almost a 4-year appeal procedure, in December 2016 the Supreme Administrative Court of the Republic of Bulgaria (the “Supreme Court”), acting as a court of first instance, confirmed one of the biggest fines ever imposed by the Bulgarian Commission for Protection of Competition (the “CPC”) to importers and distributors of Hyundai vehicles, spare parts and repair services. The aggregate amount of the fines imposed to the 6 undertakings exceeds EUR 8 million – one of highest fees imposed by the CPC until now. Breach of competition The Supreme Court confirmed the CPC’s view; the breach of competition comprises the following prohibited vertical clauses by means of Art. 15 of the Bulgarian Competition Protection Act (the “CPA”); Art. 101 of the Treaty for Functioning of the European