The International Comparative Legal Guide To: Merger Control 2015 - Slovenia

Mondaq Business BriefingSlovenia Articles in Englishorporate/Commercial Law (2014)

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The International Comparative Legal Guide To: Merger Control 2015 - Slovenia

1 RELEVANT AUTHORITIES AND LEGISLATION

1.1 Who is/are the relevant merger authority(ies)?

The Slovenian Competition Protection Agency ("CPA") is entrusted with the enforcement of merger control under the Prevention of the Restriction of Competition Act of 2008 ("PRCA").

The CPA is an independent agency, which has started operating in January 2013 and replaced the Slovenian Competition Protection Office ("CPO"), which was an administrative body under the supervision of the Ministry of Economy.

The CPA's acts may be reviewed by the Administrative Court in an administrative dispute in accordance with the provisions of the Administrative Dispute Act.

1.2 What is the merger legislation?

Part III of the PRCA sets out the Slovenian merger control rules. The currently valid PRCA entered into force on 26 April 2008, replacing the 1999 Prevention of Restriction of Competition Act and has been amended in 2009, 2011, 2012, 2013 and 2014. The procedural rules are set out in Part V Chapter 3 PRCA; in instances not specifically regulated by the PRCA, the CPA is obliged to abide by the General Administrative Procedure Act.

The (compulsory) merger notification form is prescribed by a government regulation, passed on the basis of the PRCA (please see question 3.8 below).

1.3 Is there any other relevant legislation for foreign mergers?

There is no specific legislation for foreign concentrations as such. However, particular sector-specific legislation (e.g., energy, investment funds, banking, insurance, media) contains certain restrictions (such as additional approval requirements/grounds for refusal) for non-EU Member State shareholders to hold controlling stakes in Slovenian companies active in the specified sectors.

1.4 Is there any other relevant legislation for mergers in particular sectors?

The sector-specific legislation governing the sectors for energy, telecommunications, financial services and media, as well as the Takeovers Act contain specific merger provisions. However, the jurisdiction to review mergers from the antitrust perspective remains primarily with the CPA.

Energy Sector

The energy sector is regulated primarily by the Energy Act. According to the Energy Act the Agency for Energy performs the role of the market regulator, and is, inter alia, authorised to supervise the transparency and competitiveness of gas and electricity markets as well as access to the transport and distribution networks. The Agency for Energy may be involved in the assessment of mergers in the energy sector.

Electronic Communications

The electronic communications sector is regulated by the Electronic Communications Act ("ECA"). The Agency for Communication Networks and Services of the Republic of Slovenia ("AKOS") is an independent body that regulates and supervises the ...

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