The Bulgarian Supreme Administrative Court quashes the Competition Authority’s decision on an abuse of dominance case in the energy sector, due to a different economic analysis (Energo Pro)

The Supreme Administrative Court of the Republic of Bulgaria seating in 3-member panel (the “Supreme Administrative Court”, the “Court or the “Supreme Court”) repealed the decision of the Bulgarian Commission for Protection of Competition (the “Commission”) by virtue of which the Commission imposed sanction in the amount of approximately EUR 85.517 over one of the electricity distribution company operating in the northern part of the country, i.e. Energo Pro Grid AD (“Energo Pro” or the “Company”). The Commission imposed sanction on the ground of Art. 21 of the Bulgarian Competition Protection Act (the “Competition Act”) which is almost verbatim adoption of Art. 102 of the TFEU. The Commission ruled that the Company has abused its dominant position by imposing unjustified high prices for