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)

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 Grüne Punkt” (the “Mark”) on the territory of Bulgaria, abused its dominant position (i) by exerting economic coercion over several undertakings in order to force them to enter into waste-handling service agreements with Ecopack and (ii) by refusing to sub-license the right to use the Mark to competitors. 1. Background Ecopack is a collective waste-handling organization responsible for the management of package waste on behalf of producers and importers of packaged products. In principle, the

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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), 9 February 2007, e-Competitions Bulletin February 2007, Art. N° 13608

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