Lithuania (April 15, 2004)

Score = 21

Governed by: Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004 (hereinafter referred to as “Competition Act”).

Category	Subcategory	Score	Comment
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.
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.
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.
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
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
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
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	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.