Brussels, 02/02/2009 (Agence Europe) - On Monday 2 February, the European Commission sent Slovakia a reasoned opinion ordering it to change a provision of its legislation on competition which limits the powers of the Slovakian competition authorities to apply articles 81 (banning cartels and other restrictive commercial practices) and 82 (banning abuses of dominant position) of the EC Treaty to anti-competitive behaviour in the electronic communications, energy and postal sectors. If Bratislava fails to bring its legislation into line with Community law within two months following receipt of the reasoned opinion, the Commission may decide to bring the matter before the Court of Justice.
Last June, the Commission gave Slovakia formal notice to change its legislation, which limits the powers of the Slovakian competition authorities to apply articles 81 and 82 of the Treaty in practice to anti-competitive behaviour. This comes under the competence of a regulatory authority, such as the Slovakian telecommunications office. The law in question prevents the law on competition from being applied to any behaviour infringing the Slovakian regulatory regime in force for electronic communications, energy and postal services, which the Commission claims runs counter to Community law, which provides for the regulation and competition law to be applied in parallel.
In response to the letter of formal notice sent by the Commission, Bratislava told the Commission that the consultation procedure on a planned change to the law on competition had been launched, but it has not informed it of the entry into force of corresponding changes to the law. Until the amendments to the law have been adopted and a date for their entry into force set, the Commission is unable to determine whether these measures will be sufficient to remove this infringement, and from when, hence Monday's reasoned opinion. (O.L./trans.fl)