The Bulgarian Competition Authority applies Art. 81 EC and the useful effect doctrine to minimum price maintenance and sets aside a statutory provision facilitating it (Chamber of the design engineers)

The Bulgarian Commission for Protection of Competition (the ¡°CPC¡±) found that a methodology for setting the prices of structural design services adopted by a professional regulation body effectively introduced minimum price maintenance and condemned the methodology as anticompetitive. The methodology was considered to affect intra-Community trade and Article 81 of the EC Treaty and its national equivalent were applied in parallel. The CPC also held that a particular statutory provision favoured the infringement and evoked Articles 3(g) and 10 in conjunction with Article 81 of the EC Treaty to set that provision aside. The case is interesting for its interpretation of the ¡°useful effect¡± doctrine and for the legal consequences arising from that. This is the second instance when the CPC

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Dessislava Fessenko, The Bulgarian Competition Authority applies Art. 81 EC and the useful effect doctrine to minimum price maintenance and sets aside a statutory provision facilitating it (Chamber of the design engineers), 24 July 2008, e-Competitions Effect on interstate trade, Art. N° 22671

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