Only the price, effectively applied for a period of at least one
month, can be used as a reference price in the announcement of a
discount offer in Bulgaria. This rule seems to be quite clear and
applied relatively straightforward in this country. However, in
recent unfair competition proceedings, the Bulgarian competition
authority – the Commission on Protection of Competition
("CPC") applied this test in a rather innovative way and
imposed a fine on "SDI Group" OOD ("SDI") of
appr. EUR 150,000 (equal to 1% of the total turnover of the
infringer for the preceding financial year).
Legal Background:
The investigation was initiated upon a complaint by an insurance
broker, accusing that its competitor –SDI implemented a
marketing strategy, based on three claims that were allegedly
misleading on a standalone basis and in connecting with each other.
The claims were:
