Latest updates

Automotive industry again under scrutiny by Competition Protection Agency
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • August 31 2017

The Competition Protection Agency recently opened an antitrust proceeding against Renault. According to the agency, there are grounds to believe that Renault abused its dominant position on the market for the provision of technical information and technical training to authorised and independent mechanics of its vehicles. Considering that only one year has passed since the agency initiated proceedings against Hyundai Avto Trade doo, the automotive industry appears to be under scrutiny.

OnDemand Competition and antitrust in the digital age
Schoenherr Attorneys at Law
  • Slovenia
  • April 13 2017

The rapidly changing digital market has certainly had a significant impact on online and traditional sales channels in Slovenia; however, studies show that the number of online purchases is still below the EU average. The most common barriers which limit or prevent enterprises from partaking in online sales are connected with products being unsuitable for online sale, problems regarding logistics and problems associated with the cost of introducing web sales.

Do companies have right to be heard during dawn raid?
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • September 22 2016

The Slovenian courts were recently asked to rule on companies' right to be heard during dawn raids by the Competition Protection Agency. As the Supreme Court's rationale has likely set a precedent for future cases, the agency must now apply a broader interpretation to the existing provision in the Competition Act regarding the right to be heard and include further details in its investigation reports.

Competition Protection Agency adopts commitments for Hyundai Auto Trade
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • June 09 2016

The Competition Protection Agency recently issued a final decision accepting Hyundai Avto Trade doo's commitments regarding its alleged anti-competitive behaviour. In the agency's view, the commitments will enhance competition between authorised and independent mechanics and help the agency to monitor the behaviour and compliance of the addressees. The addressees must comply with the decision within three months of its adoption.

Open floor after Hyundai Auto Trade proposes commitments to Competition Protection Agency
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • March 17 2016

In 2015 the Competition Protection Agency initiated proceedings against Hyundai Avto Trade doo and its authorised mechanics. Hyundai Avto Trade has now proposed remedies in order to address the agency's concerns and eliminate the alleged foreclosures on the market. The agency has invited all interested parties to provide comments, opinions and suggestions on the basis of the proposed remedies.

Competition Protection Agency active in pharmaceutical market
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • October 29 2015

The Competition Protection Agency is resuming increased levels of activity. It recently initiated formal proceedings against three companies, on the basis of a distribution agreement relating to pharmaceutical products. Although there is no official prioritisation of industries when it comes to scrutiny of the market, it seems that pharmaceutical companies often find themselves under the spotlight of the agency.

Competition Protection Agency investigates automotive industry
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • July 09 2015

The Competition Protection Agency has initiated proceedings against Hyundai Avto Trade doo and its authorised mechanics for allegedly concluding agreements on selective qualitative distribution which led to the foreclosure of independent mechanics and alternative distribution channels for spare parts. It remains to be seen whether the proceeding will have broader implications for the automotive industry.

Natural gas distributor abused dominance, says Competition Protection Agency
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • March 19 2015

The Competition Protection Agency recently found that Geoplin has been abusing its dominant position on the market for natural gas distribution to industrial customers since 2007 and ordered Geoplin to amend all of its agreements containing illicit provisions. The agency believes that the natural gas market will now open up and that industry should finally be able to buy natural gas at prices comparable to those in other EU member states.

Competition Protection Agency looks into food sector – who has the upper hand?
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • January 29 2015

The Competition Protection Agency has released the findings of its study of the food sector. Among other things, it noted that while private labels have significant benefits for consumers, it is still unclear whether they will cause long-term harm. The agency concluded that there is a need for further monitoring and ongoing assessment of market practices in order to prevent potential restrictions to competition.

Competition Protection Agency's fining policy is a 'black box'
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • September 11 2014

In accordance with the Protection of Restrictions of Competition Act, the Competition Protection Agency may impose a fine of up to 10% of a company's annual turnover for infringements. However, no guidance regarding how the precise amount for a fine should be calculated exists. Therefore, the agency is free to impose a fine of between 1% and 10%, which gives the agency far too much leeway and has caused much legal uncertainty.

Amendments to Prevention of Restriction of Competition Act
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • June 19 2014

Parliament has enacted a new regime in relation to antitrust inspections of the Competition Protection Agency. The agency is now required either to seek a court order or obtain consent from the undertaking under investigation (and its respective employees). However, it is unclear whether or how the new regime protects the privacy of employees.

Dawn raids: how far does the duty to cooperate go?
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • February 13 2014

The Competition Protection Agency has increasingly used unannounced investigations (dawn raids) in recent years to secure evidence of potential competition law breaches. Determining how undertakings should react to such inspections is therefore of increasing importance. The agency has shown in public announcements that it intends to interpret the undertakings' general duty to cooperate rather broadly.

Competition Protection Agency issues two long-awaited antitrust decisions
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • November 21 2013

October 2013 was a busy month for the Competition Protection Agency, which issued two long-awaited antitrust decisions. The first concerned an investigation against four pharmaceutical wholesalers for cartel activities in contravention of the Treaty on the Functioning of the European Union, while the second concerned abuse of a dominant position in the telecommunications sector.

Natural gas market falls under further scrutiny
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • August 15 2013

Following its instigation of an antitrust procedure against distributors of natural gas earlier this year, the Competition Protection Agency recently carried out an inspection at the business premises of Geoplin, the biggest supplier of natural gas in Slovenia. The investigation is allegedly focused on Geoplin's potential abuse of its dominant position by preventing clients from switching to alternative suppliers without (substantive) costs.

Court finds agency dawn raids unconstitutional and orders new law
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • June 13 2013

The Constitutional Court recently declared that the dawn raid regime introduced by the Competition Protection Agency is not in line with the Constitution. Inspections carried out by the agency under the existing regime are of a broad nature and represent an invasive intervention into undertakings' privacy, in relation to both business premises and communications. The court has granted Parliament one year to update the law.

New Competition Protection Agency sets out enforcement priorities
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • March 21 2013

The start of 2013 was marked by the long-awaited introduction of a new antitrust authority, the Competition Protection Agency. The agency's enforcement priorities will focus on the markets that have the greatest influence on the national economy and those in which it receives the highest number of complaints. The agency has already instigated its first antitrust matter, in proceedings against distributors of natural gas.

Competition authority reorganised: finally, again and for the last time?
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • November 22 2012

The recently published act amending the Competition Act serves to reorganise the main bodies of the still-awaited Competition Protection Agency. However, the agency still has not been officially entered into the Commercial Court Registry and is not yet fully operational. The agency is rumoured to become fully operational by the end of the year, when it will also become an independent user of the national budget.

Act sets out rules governing merger control
Schoenherr Attorneys at Law
  • Competition & Antitrust
  • Slovenia
  • September 15 2011

The Slovenian merger control rules are set out in the Prevention of Restriction of Competition Act 2008, which replaced the 1999 act of the same name. The act sets out substantive and procedural rules governing merger control; in terms of the latter, it is supplemented by the General Administrative Procedure Act. In addition, the contents of the compulsory merger notification form are set out in a government regulation.

Finally, a reorganisation of the Competition Authority
Schoenherr
  • Competition & Antitrust
  • Slovenia
  • April 28 2011

The act amending the Competition Act was recently published in the Official Gazette. The new act will bring about the long-awaited reorganisation of the Competition Authority (currently organised as an administrative body within the Ministry for Economic Affairs) as an independent agency. The authority will be governed by the Agency Council, the Competition Council and the agency director.

Merger control proceedings initiated in borderline case
Schoenherr
  • Competition & Antitrust
  • Slovenia
  • January 20 2011

The Competition Protection Office recently initiated ex officio merger control proceedings against the Federation of Slovenian Retired Persons' Societies. According to the office, the federation had acquired control over Vzajemna Zdravstvena zavarovalnica dvz, a Slovenian mutual health insurance company, but failed to notify the concentration within the statutory 30-day time limit.