Bulgaria enhances competition law enforcement: key amendments to the Competition Protection Act

On 23 October 2025, the Bulgarian Parliament adopted significant amendments to the Competition Protection Act (CPA), which are expected to enter into force upon their promulgation in the State Gazette.

These reforms mark the most substantial overhaul of the CPA since 2019 and reflect Bulgaria’s alignment with OECD standards as part of its accession process. However, beyond harmonisation, the changes notably expand the enforcement powers of the Commission for Protection of Competition (CPC), Bulgaria’s antitrust authority (see our recent article on enforcement trends here). Below is a summary of the key changes:

1. Merger control: expanded scope and review powers

Ex Post “call-in” review of non-notifiable transactions

In line with EU trends following the Illumina/Grail judgment, the CPC will have the authority to retrospectively review mergers completed within the past six months – even if they did not meet the statutory turnover thresholds and were not subject to mandatory notification. This aims to address so-called “killer acquisitions,” where innovative companies with limited revenue are acquired in ways that may harm future competition.

New grounds for opening a second phase merger review

Other amendments to the CPA introduce three additional grounds for the CPC to initiate a second phase (in-depth) merger investigation. The CPC would be able to initiate a Phase II in-depth review based on:

• sector-specific regulatory input – where an opinion from a specialised regulator (e.g. telecoms, energy, finance, pharmaceuticals) is required;
• concerns over ownership or funding – where doubts arise regarding the ultimate beneficial owner or the source of financing of the acquiring entity, which introduces considerations typically associated with foreign direct investment (FDI) reviews into the merger control process; and
• concerns over proposed commitments – where the remedies or commitments offered to mitigate the concentration’s impact on competition in phase I are deemed inadequate or require further scrutiny.

2. Cartel investigations: new settlement and enhanced powers

New settlement mechanism

Companies involved in cartel investigations would be able to settle by acknowledging their participation and benefit from fines reduction outside of the leniency process. This mechanism can be triggered even at a later stage of the proceedings, offering an alternative path to resolution that complements the existing leniency programme. The reform aligns Bulgarian law with established EU and OECD practices, where settlement procedures have proven effective in streamlining enforcement.

Access to communications data

The amendments to the CPA will also introduce changes to the Electronic Communications Act, granting the CPC the power to request access to traffic data from electronic communications service providers for the purposes of cartel investigations without prior judicial approval. The data in scope includes connection source identification, date, time, duration and end device information. While intended to enhance the CPC’s investigative capabilities, this measure has raised concerns about its constitutionality and compatibility with the EU Charter of Fundamental Rights, specifically with respect to the right to privacy of correspondence.

3. Investigative tools: broader use of experts and dawn raids

Possibility to involve external experts

A new provision allows the CPC to engage external experts with specialised knowledge and experience relevant to the subject matter of an investigation. These experts may be appointed in any CPC proceedings and at any stage thereof to assist not only in the analytical phase of antitrust investigations, but also to actively participate in on-site inspections. Such experts shall have the same powers as the CPC officials.

Dawn raids in the course of sectoral inquiries

The CPC will have the authority to conduct dawn raids during a sectoral inquiry. This power may be exercised, subject to judicial approval, when serious doubts arise during a market study regarding the existence of anticompetitive practices that could lead to a substantial restriction of competition. Businesses operating in Bulgaria should be aware that sectoral inquiries are no longer purely analytical – they may now trigger intrusive inspections if red flags emerge.

4. Sanctions: increased fines for unfair trade practices

Higher penalties in the agricultural and food supply chain

Effective 3 months following the promulgation of the amendment bill in the State Gazette, the CPC will have the authority to may impose fines of up to 10% of annual turnover for unfair trade practices in the agricultural and food sectors. This brings the severity of these violations in line with antitrust infringements. The law also introduces a formal definition of unfair trade practices in agriculture, supplementing the existing list of prohibited behaviours.