Lithuania (April 15, 2004) - Revision history

LMyhre at 21:13, 16 August 2008

2008-08-16T21:13:45Z

LMyhre at 21:08, 16 August 2008

2008-08-16T21:08:53Z

← Older revision		Revision as of 21:08, 16 August 2008
Line 1:		Line 1:
	'''Score = 27'''		'''Score = 26'''

	''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>		''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

LMyhre at 21:08, 16 August 2008

2008-08-16T21:08:23Z

Show changes

LMyhre at 23:25, 10 August 2008

2008-08-10T23:25:34Z

← Older revision		Revision as of 23:25, 10 August 2008
Line 41:		Line 41:
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 1
	\| Article 46 says that ~~undertaking~~ that violate the Act must compensate for ~~their~~ damages cause to other undertakings.		\| Article 46 says that undertakings that violate the Act must compensate for the damages they cause to other undertakings.

	\|-		\|-

AchalOza at 12:41, 12 October 2007

2007-10-12T12:41:53Z

← Older revision		Revision as of 12:41, 12 October 2007
Line 1:		Line 1:
	'''Score = 22'''		'''Score = 21'''

	''Governed by:'' Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004<ref>It does not appear that the 2004 amendments substantively changed the score or any of the information for this report.</ref> (hereinafter referred to as “Competition Act”).<ref>Competition Council of the Republic of Lithuania website, http://www.konkuren.lt/english/antitrust/legislation.htm.</ref>		''Governed by:'' Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004<ref>It does not appear that the 2004 amendments substantively changed the score or any of the information for this report.</ref> (hereinafter referred to as “Competition Act”).<ref>Competition Council of the Republic of Lithuania website, http://www.konkuren.lt/english/antitrust/legislation.htm.</ref>

AchalOza at 19:35, 3 July 2007

2007-07-03T19:35:47Z

← Older revision		Revision as of 19:35, 3 July 2007
Line 202:		Line 202:
	\|		\|
	\| Efficiency Defense		\| Efficiency Defense
	\| 0		\| 1
	\|		\| Article 6(1) provides a defense where the agreement promotes technical or economical progress or improves the production or distribution of goods. Article 6(4) creates an exception to this defense where allowing it would in fact go against the public interest.

	\|}		\|}

AchalOza: New page: '''Score = 22''' ''Governed by:'' Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004It does not appear that the 2004 amendments substantively chang...

2007-07-02T18:12:40Z

New page: '''Score = 22''' ''Governed by:'' Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004<ref>It does not appear that the 2004 amendments substantively chang...

New page

'''Score = 22'''

''Governed by:'' Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004<ref>It does not appear that the 2004 amendments substantively changed the score or any of the information for this report.</ref> (hereinafter referred to as “Competition Act”).<ref>Competition Council of the Republic of Lithuania website, http://www.konkuren.lt/english/antitrust/legislation.htm.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 2(2) says that the Act applies to all actions which have an effect on Lithuania competition even if they do not themselves occur in Lithuania.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 41 provides for fines for various violations of the Act.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 14(3) allows the Council to force a divestiture if an already completed merger violates the Council’s merger criteria.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 24(1)(1) allows injured 3rd parties to initiate a Council investigation.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 46 says that undertaking that violate the Act must compensate for their damages cause to other undertakings.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 38 allows person who believe their rights to be protected by the Act to appeal decisions of the Council.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 10(1) requires merger notification.

|-
|
| Pre-merger
| 2
| Article 11 requires notification to be given within 7 days of a definitive act.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 14(3) lists creation of dominant position as a reason to refuse a merger application.

|-
|
| Restriction of Competition
| 1
| Article 14(3) lists significant restriction of competition as a reason to refuse a merger application.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 9(2) lists limitation of trade and production as an abusive act.

|-
|
| Abusive Acts
| 1
| Article 9 prohibits abusing a dominant position.

|-
|
| Price Setting
| 1
| Article 9(1) lists price setting as an example of an abusive act.

|-
|
| Discriminatory Pricing
| 1
| Article 9(3) lists the application of discriminating conditions as an example of abuse.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 5(1)(1) prohibits price fixing.

|-
|
| Tying
| 1
| Article 5(1)(5) prohibits tying arrangements.

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 5(1)(3) prohibits fixing production or sale volumes for goods.

|-
|
| Market Sharing
| 1
| Article 5(1)(2) prohibits market sharing.

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 5(1)96) prohibits collusive tendering.

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 0
|

|}

== References ==
<references />