The Bulgarian Competition Authority holds that national health insurance fund is not an undertaking for the purpose of competition law enforcement (NZOK)

On 17 July 2013 the Bulgarian Competition Authority (CPC) [1] rejected the abuse of dominance complaints submitted by the pharmaceuticals traders against the National Health Insurance Fund (NZOK) [2]. In its two no-infringement decisions the CPC held that NZOK should not be viewed as undertaking in relation to the activities it was carrying out pursuant to the sector specific legislation. In the first case (NZOK I) the CPC examined a complaint submitted by six pharmaceuticals traders concerning the anti-competitive provisions of the NZOK’s regulations. The applicants submitted inter aila that the eligibility criteria for the medicines that could be reimbursed under the national health insurance system required that all new medicines that were not placed on the list of eligible

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Alexandr Svetlicinii, The Bulgarian Competition Authority holds that national health insurance fund is not an undertaking for the purpose of competition law enforcement (NZOK), 17 July 2013, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 56409

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