Cartel conduct is criminalised by the Slovenian Penal Code.

The offence

Pursuant to article 225 of the Penal Code, it is a criminal offence to, in the performance of economic activity, violate the prohibition on restrictive agreements between undertakings if this prevents, seriously impedes or distorts competition in Slovenia or in the EU market or a substantial part thereof, or materially affects trade between EU member states and results in substantial monetary gain.

Monetary gain and damages are considered substantial when they exceed EUR50,000 (Article 99(9) of the Penal Code).

The prohibition on restrictive agreements is contained in Article 6 of the Slovenian Act on the Prevention of the Restriction of Competition. It applies to all agreements between undertakings, decisions by associations of undertakings and concerted practices that have as their object or effect the prevention, restriction or distortion of competition in Slovenia.

This includes agreements that:

• directly or indirectly fix purchase or selling prices or other trading conditions;
• limit or control production, markets, technical development or investment;
• apply dissimilar conditions to equivalent transactions with other contractual partners, thereby placing them at a competitive disadvantage;
• make the conclusion of contracts subject to acceptance by the other contractual partners of supplementary obligations that, by their nature or according to commercial usage, have no connection with the subject of their contracts; and
• share the market or sources of supply.

Sanctions

Individuals

Between six months’ and five years’ imprisonment or a fine.

Corporations

A fine of between EUR50,000 and EUR1,000,000 or a maximum of 200 times the amount of damage caused, or illegal gain obtained, through the criminal offence.