The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision finding no infringement of Art. 102 TFEU in a case involving the concurrent application of competition rules and communications regulation (BTC Cable Ducts)

I. Introduction 1. Almost three months before the ECJ held its decision upon a preliminary reference in Tele2 Polska [1], a five-judge panel of the Bulgarian Supreme Administrative Court ('SAC5'), in a judgment of 15 February 2011 [2], reached an opposite conclusion, approving the NCA's power to find no infringement of Article 102 TFEU in individual cases. The Court also addressed some specific issues arising from the parallel application of competition rules and electronic communications regulation, although in a quite different manner from the landmark ECJ ruling in Deutsche Telekom four months earlier [3]. 2. The SAC5 sustained the judgment of the lower court – a three-judge panel of the Supreme Administrative Court ('SAC3') [4], which had previously dismissed an action for

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  • Paris Dauphine University

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Anton Dinev, The Bulgarian Supreme Administrative Court upholds the Competition Authority’s decision finding no infringement of Art. 102 TFEU in a case involving the concurrent application of competition rules and communications regulation (BTC Cable Ducts), 15 February 2011, e-Competitions February 2011, Art. N° 38336

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