ABSTRACT
This chapter will focus on other two recent member states of the EU with small market economies – Slovakia and Slovenia. Central to this chapter is merger control and its development in other post-Communist countries with small market economies – Slovakia and Slovenia. Although Slovakia and Slovenia did not officially form part of the former Union of Soviet Socialist Republics (USSR) like the Baltic countries, both countries did belong to the former socialist regimes of Czechoslovakia and Yugoslavia respectively. Czechoslovakia consisted of the Czech lands (Bohemia and Moravia) and Slovakia; Yugoslavia, which was a multinational entity from its birth in 1918, was made up of Serbia and Montenegro, Bosnia and Herzegovina, Croatia, Macedonia and Slovenia. After socialism failed and the Soviet Empire collapsed, the socialist units of Czechoslovakia and Yugoslavia gained their autonomy. A couple of years later, both Czechoslovakia and Yugoslavia tore apart, creating new independent countries, among them being Slovakia and Slovenia, both with small market economies. The population of Slovakia is approximately 5.4 million whereas Slovenia has roughly two million citizens. Like other Eastern European countries including the Baltic countries, Slovakia and Slovenia turned to the Western economy and expressed their wish to join the EU. However, the requirements of membership were very demanding. Similar to the Baltic countries, both Slovakia and Slovenia had to undergo legal, political and social reforms before joining the EU. In addition, competition law and policy, including merger control regime, had to be implemented in these countries as part of the acquis communautaire – an essential condition for the EU. Given that competition rules were inapplicable in socialist Czechoslovakia and Yugoslavia, competition law and policy, including merger control, presents a new and challenging branch of law in Slovakia and Slovenia. The first part of this chapter will place emphasis on the general historical development of Slovakia and Slovenia coupled with the requirements of membership for the EU. The focal point of the second part will be on the approach taken in both countries towards the introduction of merger control regimes, critically evaluating the development and improvement of merger control rules. It will also explore the extent to which these countries have
followed the European Community Merger Regulation (ECMR)1 model and what challenges they have faced whilst dealing with merger transactions. Although the focus is on substantive issues, this chapter will also discuss jurisdictional and procedural issues.
