The European Commission has ruled that a provision of the Slovak Competition Act the Commission found restrained the ability of the country’s competition authorities from implementing measures against anticompetitive practices must be amended. The opinion came after the Commission said it was concerned that EU regulations against anti-competitive activities in the electronic, communications, energy and postal sectors were not being enforced.

 The rules were designed to prohibit the formation of cartels, restrictive business practices and abuses which can occur when companies gain a dominant position in an industry. The Commission told Slovakia to adapt its legislation in conformity with EU law. If it doesn’t within two months after receiving the opinion, the Commission could to refer the case to the European Court of Justice. The case began on June 6, 2008 when the Commission sent a letter of formal notice to Slovakia that its laws prevented the country’s competition authority from applying the EU law.

Slovakia told the Commission it has begun to take the necessary steps to draft an amendment that will strengthen the Slovak Competition Authority’s ability to enforce the EU’s requirements, but hasn’t given a timetable when that would happen. The EU’s Competition Commissioner, Neelie Kroes, said: “It is important that the Slovak legislation is changed quickly to ensure that the Slovak Competition Authority can apply EU competition rules without restrictions. Empowering national competition rules was an important part of our antitrust reform, and it is vital that these authorities are allowed to get on with the job.”