On 18 November 2025, the Public Agency of the Republic of Slovenia for the Protection of Competition (the Agency) carried out an unannounced inspection at the premises of Holding Slovenske elektrarne d.o.o. (HSE). The inspection was conducted pursuant to an order issued by the District Court in Ljubljana following the establishment of reasonable grounds for suspecting that HSE may have abused its dominant position in the market for the production and wholesale supply of electricity in Slovenia.
According to the Agency, the investigation concerns alleged practices implemented by HSE in the wholesale electricity sector that may constitute exclusionary conduct. In particular, the Agency is examining whether HSE:
- imposed exclusive procurement obligations requiring electricity consumers to purchase their entire electricity needs solely from HSE and to join HSE’s balancing scheme for their full consumption;
- restricted consumers from engaging in business relationships or transactions with third-party electricity suppliers;
- limited consumers’ participation in applications, tenders, auctions, and similar commercial processes by obliging them to obtain prior approval from HSE; and
- established provisions relating to deviation payments and charges for cross-border transmission capacities that could distort market conditions.
According to the Agency, these practices may reflect a deliberate strategy aimed at excluding competitors from the Slovenian electricity production and wholesale supply markets. Given the cross-border nature of electricity markets, such conduct could affect trade between EU Member States and may therefore infringe Article 8 of the Slovenian Act on the Prevention of Restrictions of Competition (ZPOmK-2; previously Article 9 of ZPOmK-1) as well as Article 102 of the Treaty on the Functioning of the European Union (TFEU).
The unannounced inspection forms part of the Agency’s broader investigative powers designed to detect restrictive practices, including abuse of dominance. In addition to requests for data and information, on-site investigations are a key evidentiary tool in uncovering potential violations of competition law.
Throughout any ensuing procedure, the Agency assures that it will safeguard all procedural rights and guarantees afforded to parties under Slovenian competition law.