The EU Damages Directive was transposed into Slovenian law with the Prevention of Restriction of Competition Act, which confers a right to claim compensation to anyone who has suffered damages arising out of competition law infringements. The introduced changes alleviate claimants' burden of proof, facilitate access to evidence and provide for specific provisions applicable when determining the amount of damages resulting from competition law infringements.
The Competition Protection Agency has initiated an investigation into a potential restrictive agreement or concerted practices among four energy companies. The agency has reasons to believe that the companies breached Article 6 of the Prevention of the Restriction of Competition Act and Article 101 of the Treaty on the Functioning of the European Union by agreeing to accept returns of only their own liquefied petroleum gas cylinders.
The Slovenian government has decided that price control measures in the field of fuel products are no longer necessary, meaning that the retail fuel market will be fully liberalised from October 2020. Following deregulation, fair competition in the fuel market will be ensured through the Treaty on the Functioning of the European Union and its Slovenian equivalents and Articles 6 and 9 of the Prevention of Restriction of Competition Act, which prohibit anti-competitive practices and abuse of dominance in the market.
The Administrative Court recently overturned a Competition Protection Agency (CPA) divestment order, pursuant to which Dutch telecoms provider United Group was required to sell its Sport Klub TV channels for having breached the competition rules relating to market concentration. Although the court's ruling returns the case to the CPA for reconsideration, it does not affect the CPA's earlier decision to fine United Group €3.7 million for the late notification of its acquisition of the Sport Klub TV channels.
A Ljubljana court recently slashed the fine imposed by the Competition Protection Agency (CPA) on Croatian food company Agrokor from €53.9 million to €1 million. Agrokor has confirmed the court's ruling, but intends to file an appeal and challenge the CPA's decision to confiscate its 70% stake in Slovenian food retailer Mercator.
The world is entering a period of financial uncertainty due to COVID-19. In this context, the two questions most frequently asked by managers of companies are what are their duties under Slovenian law in the context of general financial uncertainty and what are their options under Slovenian law in terms of adjustment and restructuring of financial liabilities?
One of the measures adopted to combat the spread of COVID-19 in Slovenia is the suspension of all non-urgent court proceedings, including enforcement proceedings, until further notice. However, the suspension of court proceedings does not apply to urgent matters, including all security proceedings under the Claim Enforcement and Security Act, provided that they do not require physical contact between the participants.