Злоупотреба с по-силна позиция при договаряне по чл. 37А от Закона за защита на конкуренцията
Abuse of superior bargaining position under article 37A of the competition protection act

Summary/Abstract: This study explores the abuse of superior bargaining position as set in Article 37a of the Bulgarian Competition Protection Act (CPA). The provision of art 37a is analyzed from the comparative point of view as to the existing normative regimes in jurisdictions like Japan and Germany. Unlike most studies on the abuse of superior bargaining position, the author maintains the view that the prerequisites in Article 37a of CPA set the institute as a part of the competition law rather than as part of the law of unfair commercial practices between enterprises. In support of this opinion the author performs a comprehensive review on the existing practice of the Commission for the protection of competition regarding Article 37a of CPA.

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