Competition Clearance of Corporate Transformation before Bulgarian Commission for Protection of Competition


We advised business restructuring with respect to avoidance of inadmissible concentration and unfair completion in compliance with the Bulgarian Law for Protection of Competition. In fact the Netherlands legal entity, which is our client, is a part of a bigger company structure which includes companies registered in Bulgaria and abroad. Our first assignment consisted of further development of the planned restructuring and provision of analysis on its impact on the markets concerned. We had to provide legal opinion on several aspects of the future deal and answer whether the deal represents an inadmissible concentration or does not, whether the Bulgarian Commission for Protection of Competition (“CPC”) shall be notified or not, what the influence of the deal will be on the respective food markets and what will be the best way for the companies involved to proceed. Our next assignment will consist on collection of evidences for the condition of the respective markets and the main participants there, the impact of the deal on these markets, the structure and financial condition of the businesses involved, the restructuring itself, etc. We will assist the client with drafting of the notification and the relevant papers for the notification procedure, as well as we will represent the client with the Bulgarian CPC. The work on that assignment requires vast knowledge of the CPC’s practice on concentration and competition, deep understanding of the restructuring itself and the food markets concerned. Last but not least because Cypriot and Netherlands companies are involved in the overall transaction our consideration included evaluation of the EU measures and competition impact if transaction at that level as well.

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