LMyhre at 00:11, 17 August 2008

2008-08-17T00:11:37Z

← Older revision		Revision as of 00:11, 17 August 2008
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	'''Score = 27'''		'''Score = 26'''

	''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>		''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

LMyhre at 00:11, 17 August 2008

2008-08-17T00:11:04Z

← Older revision		Revision as of 00:11, 17 August 2008
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 12 requires notification of mergers.		\| Article 12 of the Slovenian Competition Act requires notification of mergers.

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LMyhre: New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...

2008-08-17T00:10:01Z

New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...

New page

'''Score = 27'''

''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

In April, 2008, Slovenia passed a new competition statute, which can be found in Slovene at http://www.uradni-list.si/1/objava.jsp?urlid=200836&stevilka=1459. Currently, an English translation is unavailable. This page is current up to the year 2004.

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. Although not listed in the scope of the Slovenian Competition Act, Article 5 prohibits acts that have the effect of restricting competition in Slovenia (even if they do not occur in the country).

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 52-54 of the Slovenian Competition Act provide guidelines for the imposition of fines.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 41(4) of the Slovenian Competition Act allows Office to perform “demerger of undertakings, demerger of assets, sale of interests, sale of securities, or other appropriate measures" if a merger is made that violates the act.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 23(2) of the Slovenian Competition Act allows people who have a legal interest to initiate proceedings with the Office for Protection of Competition

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 44 of the Slovenian Competition Act states that damaged third parties "may claim compensation in accordance with the law of obligation rules."

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 26 of the Slovenian Competition Act says that people demonstrating a legal interest may apply for participation in the proceeding.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 12 requires notification of mergers.

|-
|
| Pre-merger
| 2
| Article 12(2) of the Slovenian Competition Act requires that the notification happen at the latest, 1 week from the conclusion of the acquisition of a controlling interest.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 13(1) of the Slovenian Competition Act lists creating or strengthening of a dominant position as a factor in apprising mergers.

|-
|
| Restriction of Competition
| 1
| Article 13(1) of the Slovenian Competition Act lists the impediment of effective competition as a factor in merger assessment.

|-
|
| Public Interest (Pro D)
| 1
| Article 13(1) of the Slovenian Competition Act considers the effects of the merger on international competitiveness

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the EU Treaty prohibits abuse of a dominant position.

|-
|
| Abusive Acts
| 1
| Article 82 of the EU Treaty prohibits abuse of a dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the EU Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 81 of the EU Treaty prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>

|-
|
| Obstacles to Entry
| 1
| Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Articles 81(1)(a) of the EU Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.

|-
|
| Market Division
| 1
| Article 81 of the EU Treaty prohibits customer allocation clauses.<ref>Id, at 97.</ref>

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the EU Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the EU Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the EU Treaty prohibits bid-rigging.

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the EU Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the EU Treaty allows an efficiency defense.

|}

== References ==
<references />

Slovenia/EU, 2004 - Revision history

LMyhre at 00:11, 17 August 2008

LMyhre at 00:11, 17 August 2008

LMyhre: New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...