The Bulgarian Supreme Administrative Court approves of the NCA’s qualifying, with reference to Art. 3(5)(c) of Reg. 139/2004, a national-dimension acquisition of control as a concentration notifiable under the Competition Act but quashes the fine for non-notification (Allianz Leasing Bulgaria)

I. Introduction 1. An ex officio investigation of Allianz Bulgaria Holding's non-notified acquisition of Allianz Leasing Bulgaria (formerly Balkan Star Services), a vehicle leasing company, gave both the Competition Protection Commission (hereinafter ‘CPC') and the Supreme Administrative Court (hereinafter ‘SAC') the occasion to further clarify the concept of concentration enshrined in the Bulgarian Competition Act, insisting on the need for its interpretation and application in conformity with Regulation No. 139/2004. The case also provides useful guidance on the transitional application of competition laws, especially with respect to sanctioning violations of the merger control regime. 2. The following joint summary of the CPC decision [1] the judgment of the first review court - a

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Anton Dinev, The Bulgarian Supreme Administrative Court approves of the NCA’s qualifying, with reference to Art. 3(5)(c) of Reg. 139/2004, a national-dimension acquisition of control as a concentration notifiable under the Competition Act but quashes the fine for non-notification (Allianz Leasing Bulgaria), 7 July 2010, e-Competitions Bulletin Automobile, Art. N° 33203

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