Cartel regulation—Slovenia—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—Slovenia—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—Slovenia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in Slovenia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Odvetniska druzba Zdolsek—Irena Jurca; Katja Zdolšek; Stojan Zdolšek

1. What is the relevant legislation?

The relevant legislation is the Slovenian Act on Prevention of the Restriction of Competition (the Competition Act), published in the Official Journal of the Republic of Slovenia No. 36/2008. The Competition Act entered into force on 26 April 2008 and has undergone several amendments since then.

Violation of the prohibition of restricting agreements may amount to a criminal offence, regulated by the Slovenian Criminal Code and the Slovenian Liability of Legal Persons for Criminal Offences Act.

2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?

The Slovenian Competition Agency (the Agency), which acts as an administrative authority and as a minor offence authority, is responsible for the enforcement of the competition rules. The Agency may also bring an action before the competent court for nullity of prohibited restrictive agreements.

Criminal offences are prosecuted by state prosecutors and adjudicated before competent regular courts having jurisdiction over criminal matters.

Civil actions for damages are adjudicated by courts of general jurisdiction.

3. Have there been any recent changes,

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