On 20 October 2026, the Slovenian Competition Protection Agency (SCPA) issued a decision to initiate proceedings to assess the compliance of a concentration between the undertakings LEPENKA, proizvodno in storitveno podjetje, d. o. o., Brnčičeva ulica 31, 1231 Ljubljana – Črnuče (hereinafter: LEPENKA), and RECIKEL, družba za ravnanje z odpadno embalažo, d. o. o., Vevška cesta 52, 1260 Ljubljana – Polje (hereinafter: RECIKEL), with competition rules, as there is a demonstrated likelihood that a concentration has occurred which is subject to the provisions of the Prevention of Restriction of Competition Act (hereinafter: ZPOmK-1) and which was not notified by LEPENKA.
In the course of monitoring compliance with competition law regulations, SCPA determined, based on publicly available information, that the company LEPENKA - pursuant to a sale agreement dated 1 February 2021 - acquired a 100 % ownership interest in the company RECIKEL, thereby assuming sole control over it as its only shareholder. Such an acquisition of control constitutes a concentration within the meaning of the second indent of the first paragraph of Article 10 of the ZPOmK-1. This provision stipulates that a concentration arises from a lasting change in control over an undertaking - specifically, when one or more undertakings acquire direct or indirect control over the whole or parts of one or more other undertakings, whether through the purchase of securities or assets, by contract, or by any other means.
SCPA sent a request to the company LEPENKA to notify a concentration of undertakings; however, LEPENKA did not file such a notification. Instead, it submitted a response addressing whether or not the conditions for a mandatory notification were met, providing information that the AVK - based on publicly available sources - determined to be incorrect. On the basis of publicly available data, the Agency established that, at the time the concentration in question occurred (i.e., on 1 February 2021), LEPENKA did not have any subsidiaries of its own; however, it was part of a group of undertakings controlled by SALOMON d. o. o. (a company engaged in the employment of persons with disabilities, manufacturing, brokerage, and services, located at Vevška cesta 52, 1260 Ljubljana – Polje; hereinafter: SALOMON). Pursuant to the provisions of Point 5 of Article 3 of ZPOmK-1, the undertakings within this group - together with the controlling undertaking, SALOMON - constitute a group of undertakings; as such, they are connected to LEPENKA and are therefore subject to the assessment of the concentration.
Based on publicly available data, the AVK determined that the total annual turnover of all undertakings involved in the concentration - including their affiliated undertakings (i.e., the undertakings associated with the controlling undertaking, SALOMON) - reached 45.9 million euros in 2020. This exceeds the 35-million euro annual turnover threshold for the preceding financial year within the Slovenian market, as established in the first indent of the first paragraph of Article 42 of ZPOmK-1. Furthermore, the threshold of 1 million euros in annual turnover for the acquired undertaking (together with other undertakings in its group) in the preceding financial year on the Slovenian market - as set out in the second indent of the first paragraph of Article 42 of ZPOmK-1 - was also exceeded, given that the undertaking RECIKEL generated a turnover of 4.1 million euros.
A concentration falls under the provisions of ZPOmK-1 - thereby triggering an obligation to notify the Agency - when both the legal and economic conditions are cumulatively met. In the case of the concentration between LEPENKA and RECIKEL, both conditions are satisfied; consequently, the concentration is subject to the provisions of ZPOmK-1. Pursuant to Article 43 of ZPOmK-1, LEPENKA was required to notify the Agency of the concentration within 30 days of its occurrence (i.e., from the signing of the sales agreement). LEPENKA failed to do so, nor did it comply following a formal request from the Agency. Consequently, SCPA, by way of a decision, initiated an ex officio procedure to assess the concentration of the undertakings LEPENKA and RECIKEL for compliance with competition rules.