Open AccessExploitative Abuse of a Dominant Position in the Bulgarian Energy Markets
Author(s) -
Miroslava Marinova,
Kremena Yaneva-Ivanova
Publication year - 2017
Publication title -
yearbook of antitrust and regulatory studies
Language(s) - English
Resource type - Journals
eISSN - 2545-0115
pISSN - 1689-9024
DOI - 10.7172/1689-9024.yars.2017.10.16.2
Subject(s) - enforcement , bulgarian , business , commission , energy sector , competition (biology) , position (finance) , industrial organization , subject (documents) , public economics , international trade , economics , law , political science , economic system , finance , ecology , philosophy , linguistics , library science , computer science , biology
In the last few years the behavior of undertakings operating in the regulated utility markets, such as energy, water and communications, has been in the focus of the Bulgarian Competition Authority (hereinafter, BCA). Typically, these companies are dominant due to their exclusive licenses to operate in a certain territory and thus the contents of their contractual relationships with customers are often defined in general terms and conditions (hereinafter, GTCs) adopted or approved by the respective sector regulator. Most or all aspects of their pricing policy is also subject to sector regulation. By analysing critically two landmark decisions of the BCA concerning abuses of companies active in the energy markets, this paper raises the following questions: (1) to what extent the BCA is competent to intervene and sanction those undertakings for conduct which is subject of regulatory control by the sector regulator (the Energy and Water Regulation Commission (hereinafter, EWRC)) and (2) whether in its enforcement practice against those undertakings, the BCA is following the legal standards adopted by the EU courts.