On the Opportunity to Impose a Pecuniary Penalty on the Economic Successor of the Infringer of Fair Competition Rules

Authors:

Pages: 249-256
DOI: https://doi.org/10.54664/VUJH4499

Abstract:

This article aims to present the legal opportunity according to Bulgarian administrative law and procedure to impose a pecuniary penalty not on the direct infringer of the rules of fair competition, but on his/her economic successor. It outlines the main differences between succession in law and economic succession of legal persons, and sums up the legal facts which need to be in place in order for this administrative liability to be realized. The paper also analyzes the relevant texts in Bulgarian legislation and cites the case law of the European Court in an attempt to draw the reader’s attention to this debatable and complicated topic, and to provoke academic discussion on its theoretical and practical foundations.

Keywords:

competition; infringement; pecuniary penalty; administrative law and procedure; succession; legal persons; economic activity; control; influence; European Court.

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