Slovenia/EU, 2004

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.

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.

Category	Subcategory	Score	Comment
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).
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.
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.
Merger Notification	Voluntary	0
	Mandatory	3	Article 12 of the Slovenian Competition Act 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
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
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.
	Obstacles to Entry	1	Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.
	Efficiency Defense	0
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.
	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.