The settlement procedure allows the CPA and the infringing undertaking to reach a common understanding regarding the facts and legal qualification of the parties’ conduct. This mechanism rewards cooperation by enabling faster proceedings and reduced sanctions.
 

A special feature of Slovenian law is that settlements are possible for all infringements, not just cartels. This means that settlements can apply on vertical restrains and abuses of a dominant position or can be reached even in cases regarding procedural infringements. 
 

A settlement procedure may be initiated by either the CPA or the undertaking, but both parties must agree to begin settlement discussions. In other words, parties do not have a right to settle, and on the other hand, parties are not obliged to enter into settlement discussions or ultimately to settle. 
 

According to Article 95 of Competition Act before the undertaking submits its written settlement application, the CPA must inform it of:
-    The intended allegations and supporting evidence,
-    The range of possible administrative sanction, and
-    Non-confidential versions of relevant documents in the case if the undertaking's request is justified, with the aim of enabling it to establish its position regarding the time period or other aspects of the infringement.
 

In the written settlement application, the undertaking must:
-    Clearly acknowledge responsibility for the infringement,
-    Describe the nature, products or services covered by the infringement, geographical scope, and duration of the infringement,
-    Indicate the maximum administrative sanction it is willing to accept, and the facts that affect the determination of the administrative sanction, 
-    make a statement that it has been properly informed of the CPA’s findings of the facts and evidence relevant to the infringement decision and that it has had sufficient opportunity to comment on them,
-    Waive certain procedural rights, such as requesting an oral hearing or full access to the file, and
-    Consent to the CPA to issue the decision. 
 

The undertaking can withdraw a settlement application within 8 days of the day it was submitted. The undertaking may waive the right to withdraw a settlement application in writing.
 

In case of a successful settlement, the party receives up to 20 % reduction of its administrative sanction. The Agency on the other hand benefits from a shorter, quicker administrative procedure.
 

If the Agency does not accept the application for settlement, or the settlement application is not submitted, or if the undertaking withdraws the settlement application, the Agency will follow a standard (normal) procedure. The evidence and statements submitted in the settlement proceedings may not be used in proceedings under Competition Act or any other law, unless Competition Act provides otherwise.
 

A decision issued on the basis of a settlement application may not be challenged on the grounds that the fact of the case were not correctly and completely established, or a wrong conclusion about the fact of the case was drawn from the established facts, if the decision was issued in accordance with the terms of the settlement application.
 

Settlement can be combined with leniency - an undertaking that first applies for leniency (to obtain immunity or reduction ofr administrative sanction) may subsequently enter into a settlement with the CPA, further reducing its potential administrative sanction.