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Partner Peter Petrov heads the growing competition and anti-trust department at Borislav Boyanov & Co. The practice has a strong history of advising significant international clients in this area and, in 2008, represented both General Electric and ArcelorMittal in successful merger-control proceedings. The team also acted for Warburg Pincus in a Commission for the Protection of Competition investigation relating to its acquisition of CableTel, and advised Allied Irish Banks on the acquisition of Bulgarian-American Credit Bank. According to clients, the firm is ‘very capable of dealing with the complex requirements of we demanding Western customers’.

At Djingov, Gouginski, Kyutchukov & Velichkov, the two-partner competition department is headed by Nikolai Gouginski, supported by Milan Pandev. The team represented CEZ before the Commission for the Protection of Competition (CPC) in a case pertaining to the abuse of its dominant position on the electricity-supply market, and also in relation to a case brought by TEZ Varna against energy-grid operator Natsionalna Electrichesk Kompania. The practice advised the Carlyle Group on merger control regulations regarding the acquisition of Moncler, demonstrating what one client referred to as the firm’s ‘ability to generate trust in the quality of its advice’. Other significant clients include Advent International and Cisco Systems.

In 2008, Penkov, Markov & Partners provided merger clearance advice to AIG Capital Partners, whom the firm had previously acted for in the acquisition of privatised telecoms company BTC. The firm also represented Carrefour on merger control issues after its emergence into the Bulgarian market. Other clients include insurance player AXA. Partner Ivan Markov and Svetlin Adrianov are both recommended.

In 2008, Andrey Delchev and Partners – Eurolex Bulgaria successfully represented pharmaceutical producer Gedeon Richter, Hungary before the Bulgarian CPC in a precedent-setting vertical market relations case, brought by a former distributor of the company’s products. The team also successfully acted for Bull SAS, France at two different hearings before the CPC relating to public procurement procedure financed under the EU PHARE programme.

Arsov Natchev Ganeva advised Publicis Groupe on post-acquisition regulatory issues during 2008. The practice also acted for Sagacarbon – a subsidiary of French state-owned bank Caisse des Depots – in the negotiation and conclusion of Bulgaria contracts for sale of carbon allowances under the EU emissions trade scheme. Clients appreciate the ‘smooth negotiating skills of the partners, who know how to mediate and advise to achieve the desired result’.

Borissov Law Office has a reputable practice, demonstrated by the fact that it was mandated by international firms Norton Rose LLP and Lang Michener Lawrence & Shaw to give merger-control advice in relation to the Bulgarian end of a global M&A transaction. The team also advised Credit Agricole on post-merger issues relating to its acquisition of Emporiki Bank Bulgaria.

CMS Cameron McKenna in cooperation with Petkova & Sirleshtov Law Office has a small competition practice. Senior associate and real estate lawyer Lyubomir Dabov and competition expert Pavel Hristov are the contacts. In 2008, the firm provided advice to a leading fuel retailer in Bulgaria.

Miroslav Ognyanov is the partner in charge of the competition and EU law practice at Dimitrov, Petrov & Co. In 2008, the practice successfully defended ISP and telecom company Spectrum Net in two proceedings before the CPC. The team also advised two pharmaceutical companies: Eli Lilly, Austria and AstraZeneca. Another highlight of the year was representing Russian Railways before the CPC in relation to its purchase of the rolling stock manufacturer ZAO Transmashholding Group. Clients praise the firm for being ‘a reliable friend in a difficult transition period in the Bulgarian regulatory environment’.

Georgiev, Todorov & Co advises Microsoft Corporation on Bulgarian legal matters and also advises the domestic subsidiary Microsoft Bulgaria, remaining unbeaten for both clients in cases brought before the Bulgarian CPC. Other clients in 2008 included TV Seven, whom the team represented in court competition proceedings relating to broadcasting licences in Sofia, Plovdiv and Varna; and Balkancar Sredets, whom the firm represented before the CPC in relation to its acquisition of GTM Angel Balevski. EU specialist Bogdan Drenski heads the practice with competition expert Alexander Pachamanov.

In an example of the legal market supplying itself with work, Lex Locus Law Offices began representing Rizova & Partners Law Firm (part of DLA Piper) and Wolf Theiss in the competition case filed against them in 2008 by the major Bulgarian law firms.

In 2008, McGregor & Partners successfully represented Merck & Co (MSD) before the CPC and also acted for Unilever, defending against consumer competition claims.

Regional firm Dinova & Rusev Law Office has a good track record in post-merger competition advice across its SEE network. In Bulgaria, ‘young, dynamic and impressive’ associate Milen Rusev is the lead lawyer. The practice advises M&A clients on subsequent merger control issues and, in 2008, acted for Klockner & Co in relation to its acquisition of a share in Metalsnab Holding.

The European Commission’s Bulgarian office turns to Penev & Partners Law Offices for advice regarding the compatibility of EU and domestic law.

Popov & Partners remained busy in competition law, advising clients in the gambling sector in relation to regulation by the CPC, the Commission for Consumer Protection and the Bulgarian State Commission on Gambling. Emiliyan Arnaudov is recommended by clients for ‘quality of service, strength of advice and good business manner’.

The practice at Schönherr is headed by local partner Ilko Stoyanov and was given a considerable boost in 2008 by the arrival of associate Mariya Papazova, formerly of the Bulgarian Commission for the Protection of Competition (CPC). The firm provides ‘high-quality, reliable, dependable’ post-acquisition merger control advice to its M&A clients and, in 2008, acted for significant European clients including Strabag, Raiffeisen, Generali, Uniqa and Advent. The firm also provided anti-trust advice to OMV in relation to a CPC investigation into alleged agreements between OMV Bulgaria, Metro Cash and Carry Bulgaria, and Billa Bulgaria.

In 2008, Yonev Valkov Nenov successfully represented outdoor advertiser Wall before the CPC.

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Legal Developments in Bulgaria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Bulgaria and Qatar Boost Investment Cooperation

    The Treaty between the Republic of Bulgaria and the Government of Qatar for Mutual Promotion and Investment Protection has been recently promulgated in the Bulgarian state gazette. The Treaty governs the relations between the two states regarding the investment activity on the territory of both countries. Its aim is to further intensify and develop the trade, economic and scientific-technical cooperation between the two republics by establishing conditions for fair and equitable treatment of investors.
    - Lex Locus Law Offices
  • A New Law on the Consumer Credit Is Under Way In Bulgaria

    The Council of Ministers of the Republic of Bulgaria has recently submitted to the Parliament a new Draft Law on the Consumer Credit. The draft adopts the requirements of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC. In general the purpose of this law is to better protect the interests of consumers upon concluding consumer credit agreements. The highlights of this draft law are the following.
    - Lex Locus Law Offices
  • One euro is enough to register a company in Bulgaria

    A radical amendment to the Bulgarian Commercial Act has been recently introduced. The minimum capital amount required for the registration of a Limited Liability Company in Bulgaria has been decreased from BGN 5,000 to the symbolic amount of BGN 2. In other words one can register a company with a capital of EUR 1 only.
    - Lex Locus Law Offices
  • LAW ON THE RENEWABLE AND ALTERNATIVE SOURCES OF ENERGY AND BIOFUEL

    The Bulgarian Law on the Renewable and Alternative Sources of Energy and Biofuel implements Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market and Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuel or other renewable fuels for transport.  It regulates the public relations aimed at promoting the production and consumption of electric, heat and/or cooling energy generated by renewable and alternative energy sources as well as the production and consumption of biofuel.  Within the meaning of this law renewable energy sources are defined as natural energy sources containing sunlight, wind, water and geo-thermal energy including energy generated by waves and high and low tides.  Alternative energy sources are defined to be hydrogen, waste products generated as a result of technological process.  Biofuel is liquid or gaseous fuel for transport produced from biomass.
    - Lex Locus Law Offices
  • Role of Endorsement with Interim Certificates

    This article focuses only on cases of commercial transactions for transfer of registered shares and the right to acquire them, respectively. Cases of transferring bearer shares, as well as dematerialised shares, will not be a matter of review in this article. Irrefutably, the transfer of shares is a commercial transaction as defined by the Commerce Act. However, in order for the title over the registered materialised share to be validly transferred to the new transferee, a unilateral statement of will should be made by the transferor by way of an endorsement. The endorsement, itself, is not a component of the factual elements contained in the contract for purchase and sale of a given registered share but constitutes a separate formal abstract transaction.
    - Penkov, Markov & Partners
  • A Perilous Undertaking: Competition on Equal Footing with Prohibited Agreements and Abuse of Dominan

    The new Competition Protection Act was enforced on 1 December 2008, more than one year after the public announcement of the draft act and its introduction by the Commission for Protection of Competition (CPC; the Commission) to the Council of Ministers. It was surprising that the chapter which regulates the different events of unfair competition was reinstated in the final text, tabled by the Council of Ministers and adopted by the National Assembly.
    - Penkov, Markov & Partners
  • Taxation of Non-cash Income of Natural Persons

     
    - Penkov, Markov & Partners
  • Mergers and Acquisitions 2009 - Bulgaria

    A practical insight to cross-border Mergers and Acquisitions.
    - Schönherr
  • RECENT LEGISLATIVE CHANGE BOOSTS INVESTMENT IN BULGARIA

    The recent changes in the Bulgarian Investment Promotion Act (amend. as of 2nd of June, 2009) that are in compliance with the requirments under the Regulation (EC) No 800/2008 facilitate the implementation of significant investment projects in Bulgaria. Prior to the recent legislative changes promotional measures used to be applied to investment projects in the following economic sectors only:(a) Industrial sectors: manufacturing industry and production of electricity from renewable energy sources; and (b) Service sectors: high technology activities in computer technologies, research and development, as well as education and human health care.
    - Lex Locus Law Offices
  • Procedure on the issuance of Permanent Residence Permit in Republic of Bulgaria, recent amendments

    Permanent Residence Permit (PRP) is a special residence permit which allows the living of foreigners in Republic of Bulgaria for an unlimited period of time. The basic act regulating the issuance of PRP is the Act for the Foreigners in Republic of Bulgaria (AFRB), amended on 15th of May 2009. One of the most important changes affects the procedure for issuance of PRP.
    - Ilieva, Voutcheva & Co Law Firm

Press releases

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