The Commission for Protection of Competition established prohibited agreements between “Industrial Commerce” EOOD and its dealers of new vehicles and spare parts under the Hyundai brand

By Decision No. 390/26.05.2022, the CPC established committed infringements of Article 15, paragraph 1, p. 1, 2 and 3 of the LPC by Industrial Commerce EOOD, Alexiev EOOD, Technocar EOOD and ET Mototechnika Hristo Hristov.

The proceedings before the CPC was initiated after a final Decision № 7559 / 23.06.2021 of the Supreme Administrative Court on administrative case № 3963/2017 which held partial annulment of decision № 1292/2012 of the CPC. The case is referred back to the Commission for a new decision according to the instructions of the court.

By the new decision, the CPC established that "Industrial Commerce" EOOD and the dealers "Alexiev" EOOD, "Technocar" EOOD and ET "Mototechnika Hristo Hristov" have committed a total of 8 infringements of Art. 15, para. 1 of the LPC, for the period from 01.04.2008 to 06.11.2012, namely agreements for setting prices, restricting trade and allocating markets for sale of new Hyundai vehicles, spare parts and out-of-warranty service.

The Commission for Protection of Competition imposed pecuniary sanctions on the participants in the prohibited agreements, of a total amount of BGN 362 501. In determining the sanctions, the Commission took into account the specific nature of the infringements, the effect on competition and the duration of the infringements.

On the basis of article 64, (1) LPC the decision of the Commission may be appealed before Administrative Court – Sofia Region in respect of his conformity with the law by the parties to the proceedings or by any third person that has legal interest. The decision may be appealed within a term of 14 days, which shall start as of its notification in accordance with the procedure laid down in the Code of Administrative Procedure, and in respect of third parties – as of the date of its publication in the electronic register of the Commission.

The full text of the Decision is available in the public electronic register of the CPC at https://reg.cpc.bg.