Lithuania (April 15, 2004): Difference between revisions

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'''Score = 27'''
'''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:'' 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>
{| class="wikitable"
{| class="wikitable"
|-
|-
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| Extraterritoriality
| Extraterritoriality
| 1
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>  Article 2(2) of the Lithuanian Competition Act says that the Act applies to all actions which have an effect on Lithuania competition even if they do not themselves occur in Lithuania.
| 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"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.  Article 41 of the Lithuanian Competition Act provides for fines for various violations of the Act.
| Article 41 provides for fines for various violations of the Act.


|-
|-
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| Divestitures
| Divestitures
| 1
| 1
| Article 7 of CR 1/2003 allows for structural remedies.  Article 14(3) of the Lithuanian Competition Act allows the national Council to force a divestiture if an already completed merger violates the Council’s merger criteria.
| Article 14(3) allows the Council to force a divestiture if an already completed merger violates the Council’s merger criteria.


|- class="categorydivision"
|- class="categorydivision"
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| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 1
| 1
| Article 46 says that undertakings that violate the Act must compensate for the damages they cause to other undertakings.
| Article 46 says that undertaking that violate the Act must compensate for their damages cause to other undertakings.
|-
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| 0
| 0
|  
|  
|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance
| Limits Access
| Limits Access
| 1
| 1
| Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
| Article 9(2) lists limitation of trade and production as an abusive act.
|-
|-
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| Abusive Acts
| Abusive Acts
| 1
| 1
| Article 82 of the EU Treaty prohibits abuse of a dominant position.
| Article 9 prohibits abusing a dominant position.


|-
|-
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| Price Setting
| Price Setting
| 1
| 1
| Article 82(a) of the EU Treaty prohibits price setting.  
| Article 9(1) lists price setting as an example of an abusive act.


|-
|-
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| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 1
| Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
| Article 9(3) lists the application of discriminating conditions as an example of abuse.
|-
|-
|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 1
| 0
| Article 81 of the EU Treaty prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>
|  
|-
|-
|  
|  
| Obstacles to Entry
| Obstacles to Entry
| 1
| 0
| Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>
|  
|-
|-
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| Price Fixing
| Price Fixing
| 1
| 1
| Articles 81(1)(a) of the EU Treaty prohibits price fixing.
| Article 5(1)(1) prohibits price fixing.
|-
|-
|  
|  
| Tying
| Tying
| 1  
| 1
| Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.  
| Article 5(1)(5) prohibits tying arrangements.
|-
|-
|  
|  
| Market Division
| Market Division
| 1
| 0
| Article 81 of the EU Treaty prohibits customer allocation clauses.<ref>Id, at 97.</ref>
|  
|-
|-
|  
|  
| Output Restraint
| Output Restraint
| 1  
| 1
| Article 81(1)(b) of the EU Treaty prohibits limiting production.  
| Article 5(1)(3) prohibits fixing production or sale volumes for goods.
|-
|-
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| Market Sharing
| Market Sharing
| 1
| 1
| Article 81(1)(c) of the EU Treaty prohibits market sharing.  
| Article 5(1)(2) prohibits market sharing.
|-
|-
|  
|  
| Eliminating Competitors
| Eliminating Competitors
| 1
| 0
| Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
|  
|-
|-
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| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 1
| 1
| Article 81 of the EU Treaty prohibits bid-rigging.
| Article 5(1)96) prohibits collusive tendering.
|-
|-
|  
|  
| Supply Refusal
| Supply Refusal
| 1
| 0
| Article 81(1)(b) of the EU Treaty prohibits supply refusal.
|  
|-
|-
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| Efficiency Defense
| Efficiency Defense
| 1
| 1
| Article 81(3) of the EU Treaty allows an efficiency defense.
| 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.  
|}
|}

Latest revision as of 21:13, 16 August 2008

Score = 21

Governed by: Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004[1] (hereinafter referred to as “Competition Act”).[2]

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.

References

  1. ↑ It does not appear that the 2004 amendments substantively changed the score or any of the information for this report.
  2. ↑ Competition Council of the Republic of Lithuania website, http://www.konkuren.lt/english/antitrust/legislation.htm.
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