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What are the potential outcomes of a merger control investigation in Slovenia?
In Phase I proceedings the Competition Protection Agency may adopt one of the following decisions:
- If the agency finds that the concentration notified does not fall within the scope of the Prevention of the Restriction of Competition Act 2008, it will issue a decision to this effect.
- If the agency finds that the notified concentration, despite falling within the scope of the act, does not raise serious doubts regarding its compatibility with competition rules, it will issue a decision not to oppose the concentration and declare the concentration compatible with competition rules.
- If the agency finds that the concentration falls within the scope of the act and raises serious doubts regarding its compatibility with the competition rules, it will issue a decision on the initiation of Phase II proceedings.
Should the agency open Phase II proceedings, it may (within 60 days) close them in the following ways:
- Unconditional clearance – if the agency finds that a concentration is compatible with the act, it will issue a decision to this effect.
- Conditional clearance – the agency may impose additional obligations and conditions to ensure that the concentration complies with the requirements laid down in the act.
- Prohibition of merger – if the agency finds that the concentration is incompatible with the act, it will issue a decision to this effect.
Remedies and conditions
The Competition Protection Agency will generally encourage the parties to propose remedies to address any competition concerns. The remedies (structural or behavioural) which the agency will accept will depend on the nature of the competition concern identified. In general, remedies:
must be suitable to ensure a permanent solution for the identified concerns;
should not require additional supervision after their implementation; and
should not raise any new competition concerns.
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