INTRODUCTION

In recent years, the number of cases in which plaintiffs are seeking compensatory damages caused by anticompetitive behaviour and other forms of relief has been rising in Slovenia facing the courts, businesses and their representatives, to some extent even national competition authorities with novel and complex issues of antitrust private enforcement. Private enforcement of antitrust in Slovenia is still in its initial stage with the majority of cases still pending with the courts. It is thus yet to be seen how qualified are the judges in tackling antitrust cases.

The paper analyses focal elements of current regulation of private enforcement of antitrust in Slovenia. It focuses on relevant European legal framework, in particular on the new Directive 2014/104 and its travaux preparatoires, as well as on relevant national legislation. Article 62 of the Prevention of Restriction of Competition Act of 2008 (PRCA-1) setting down some specific rules as regards antitrust damages lawsuits, and other, more general pieces of Slovenian legislation relevant in proceedings of private enforcement of antitrust are also presented and are assessed through the prism of the new directive. Further, the paper elaborates on the status quo of private enforcement of European and national antitrust in Slovenia and tries to find reasons for its inefficiency. Relevant follow-on and stand-alone private lawsuits that are or were pending before Slovenian courts that are analysed in the final chapter, also mirror the challenges of Slovenian judiciary in private antitrust enforcement proceedings.

REGULATION OF PRIVATE ENFORCEMENT OF ANTITRUST IN SLOVENIA

JURISDICTION IN ANTITRUST PRIVATE ENFORCEMENT CASES

The presently valid act regulating competition law in Slovenia, i.e. the PRCA-1, does not set out any specific rules on jurisdiction in antitrust private enforcement cases. General rules of the Civil Procedure Act (CPrA) therefore apply.

According to the CPrA, jurisdiction in first-instance civil and commercial cases in Slovenia is divided between local and district courts based on various criteria. In general, local courts have jurisdiction in those cases where the disputed value does not exceed EUR 20.000, whereas district courts hear the cases where the disputed value exceeds EUR 20.000. However, in certain matters, jurisdiction is divided regardless of the disputed value.