Identifier
Created
Classification
Origin
09BRATISLAVA486
2009-11-20 14:43:00
UNCLASSIFIED
Embassy Bratislava
Cable title:  

SLOVAK CABINET MOVES TO UNDERMINE ANTITRUST OVERSIGHT

Tags:  PGOV ECON EINV LO 
pdf how-to read a cable
VZCZCXRO4177
PP RUEHIK
DE RUEHSL #0486 3241443
ZNR UUUUU ZZH
P R 201443Z NOV 09
FM AMEMBASSY BRATISLAVA
TO RUEHC/SECSTATE WASHDC PRIORITY 0269
INFO RHEFDIA/DIA WASHINGTON DC
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHSL/AMEMBASSY BRATISLAVA 0316
RHEHAAA/NSC WASHINGTON DC
RUEAIIA/CIA WASHDC
UNCLAS BRATISLAVA 000486 

SIPDIS

STATE FOR EUR/CE J. MOORE AND M. LIBBY
STATE FOR INR/EU A. HARMATA

E.O. 12958: N/A
TAGS: PGOV ECON EINV LO
SUBJECT: SLOVAK CABINET MOVES TO UNDERMINE ANTITRUST OVERSIGHT

REF: BRATISLAVA 464

UNCLAS BRATISLAVA 000486

SIPDIS

STATE FOR EUR/CE J. MOORE AND M. LIBBY
STATE FOR INR/EU A. HARMATA

E.O. 12958: N/A
TAGS: PGOV ECON EINV LO
SUBJECT: SLOVAK CABINET MOVES TO UNDERMINE ANTITRUST OVERSIGHT

REF: BRATISLAVA 464


1. (U) In a move that would strip the Slovak government's
Antitrust Office of its oversight authority over recent
consolidation in the health insurance industry, the cabinet
approved this week an amendment to the Health Insurance law that
will finalize the merger of two large state-owned insurance
companies. The parliament has agreed to fast-track this
legislation, which would render moot an ongoing antitrust review
begun in July. The newly merged company will have 3.65 million
policy holders, or about two-thirds of a Slovak market that will
soon be served by only three health insurers.


2. (SBU) This move is the latest in what appears to be a growing
trend in which the Slovak government uses expedited legislation
to change or circumvent the laws regulating business in ad hoc
responses to specific cases. Due to the opacity of the process
by which the cabinet drafts laws, fast-tracked legislation is
little-debated and often passed into law before the public is
aware of what is happening. The recent and much criticized
Strategic Enterprise Law (reftel) was largely an effort to
prevent the closure of a large chemical factory employing 1500
workers, although it sparked intense controversy when business
interests realized that it could have a much broader
application.


3. (U) Other similar cases include expedited legislation to
change corporate governance rules in a successful effort to
prevent the partially privatized natural gas monopoly from
raising prices, and changing the law on payment of dividends in
order to prevent foreign-owned health insurance companies from
repatriating their profits. This latter law has been challenged
in a UN-affiliated arbitration court, and the European
Commission has separately begun an inquiry.


4. (SBU) COMMENT: This sort of non-transparent and ad hoc
regulatory change is enabled by PM Robert Fico's firm control
over the Slovak parliament--with characteristic understatement
he recently described his Smer party as enjoying a "dominant"
position in Slovak politics. Such control allows Fico to use
the parliament when it suits him to circumvent slower-moving or
more independent government bodies and to step outside--or, more
precisely, to change--the government's legal framework according
to the exigencies of the moment.

EDDINS