HCargill at 22:46, 20 July 2008

2008-07-20T22:46:34Z

← Older revision		Revision as of 22:46, 20 July 2008
Line 162:		Line 162:
	\| Tying		\| Tying
	\| 1		\| 1
	\| ~~Article~~ 5(2) ~~prohibits~~ tying arrangements.		\| Articles 5(2) and 10(1) prohibit tying arrangements.

	\|-		\|-

HCargill at 22:45, 20 July 2008

2008-07-20T22:45:07Z

← Older revision		Revision as of 22:45, 20 July 2008
Line 30:		Line 30:
	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Article 41(4) allows Office to perform “demerger of undertakings, demerger of assets, sale of		\| Article 41(4) 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.
	interests, sale of securities, or other appropriate ~~measures”~~ if a merger is made that violates the act.


	\|- class="categorydivision"		\|- class="categorydivision"
Line 44:		Line 42:
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| Article 44 states that damaged third parties "may claim compensation in accordance with law of		\| Article 44 states that damaged third parties "may claim compensation in accordance with the law of obligation rules."
	obligation rules."



	\|-		\|-
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article 5(2) prohibits ~~agreements that fix~~ prices ~~and price discriminate~~.		\| Article 10(5) prohibits dominant firms from setting unfair prices.

	\|-		\|-

HCargill: changed 1999 page to 2004 page (original coders using 2004 statutory amendments, so no changes needed)

2008-07-20T22:37:48Z

changed 1999 page to 2004 page (original coders using 2004 statutory amendments, so no changes needed)

New page

'''Score = 21'''

''Governed by:'' Prevention of the Restriction of Competition Act (Official Gazette of the RS, nos. 56/1999 and 37/2004 ) (hereinafter referred to as “Competition Act”).
<ref>http://www.uvk.gov.si/fileadmin/uvk.gov.si/pageuploads/ZPOmK__neuradno_precisceno_besedilo__-__ZPOmK-B__-_ang.pdf</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Although not listed in the scope of the 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 provide guidelines for the imposition of fines.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 41(4) 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) 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 states that damaged third parties "may claim compensation in accordance with law of
obligation rules."

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 26 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) 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) lists creating or strengthening of a dominant position as a factor in apprising mergers.

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

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

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

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Limiting production and markets is listed in Article 10(5) as an example of abuse of a dominant position.

|-
|
| Abusive Acts
| 1
| Article 10(1) prohibits abusing a dominant position.

|-
|
| Price Setting
| 1
| Article 5(2) prohibits agreements that fix prices and price discriminate.

|-
|
| Discriminatory Pricing
| 1
| Applying dissimilar conditions to equivalent transactions is listed in Article 10(5) as an example of abuse of a dominant position.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 5(2) prohibits price fixing.

|-
|
| Tying
| 1
| Article 5(2) prohibits tying arrangements.

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 5(2) prohibits limiting or controlling production.

|-
|
| Market Sharing
| 1
| Article 5(2) prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 5(3) exempts agreements that have the possibility of eliminating competition from the usual exceptions to Article 5(2).

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 1
| Article 5(3) exempts from the Article 5(2) prohibitions agreements that contribute to improving production or distribution of goods or to promoting technical or economic progress.

|}

== References ==
<references />

Slovenia (2004) - Revision history

HCargill at 22:46, 20 July 2008

HCargill at 22:45, 20 July 2008

HCargill: changed 1999 page to 2004 page (original coders using 2004 statutory amendments, so no changes needed)