Slovenia (2004): Difference between revisions
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m changed 1999 page to 2004 page (original coders using 2004 statutory amendments, so no changes needed) |
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| Divestitures | | Divestitures | ||
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| 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 | |||
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| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
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| 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 | ||
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| Article 5 | | Article 10(5) prohibits dominant firms from setting unfair prices. | ||
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Revision as of 22:45, 20 July 2008
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”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| 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). |
| 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. | |
| 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 the 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. | |
| 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 | ||
| 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 | ||
| 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 10(5) prohibits dominant firms from setting unfair prices. | |
| 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 | ||
| 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. |