Lithuania/EU, 2004: Difference between revisions

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'''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>
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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>
| 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.


|- 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.
| 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.


|-
|-
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| Divestitures
| Divestitures
| 1
| 1
| Article 7 of CR 1/2003 allows for structural remedies.
| 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.


|- class="categorydivision"
|- class="categorydivision"
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| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 1
| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.
| Article 24(1)(1) allows injured 3rd parties to initiate a Council investigation.


|-
|-
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| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
| 1
| 1
| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages. Also, Article 46 of Lithuania’s Competition Act<ref>Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004</ref> says that undertakings that violate the Act must compensate for the damages they cause to other undertakings.
| Article 46 says that undertakings that violate the Act must compensate for the damages they cause to other undertakings.
|-
|-
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| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 1
| 1
| Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties.  Also, Article 38 of Lithuania’s Competition Act<ref>Law on Competition of 23 March 1999 No. VIII-1099 Vilnius, last amended 15 April 2004</ref> allows persons who believe their rights to be protected by the national Competition Act to appeal decisions of the national Competition Council.
| Article 38 allows person who believe their rights to be protected by the Act to appeal decisions of the Council.


|- class="categorydivision"
|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Merger Notification
| Voluntary
| Voluntary
| 0
| 0
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| Mandatory
| Mandatory
| 3
| 3
| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements.  However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>
| Article 10(1) requires merger notification.
|-
|-
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| Pre-merger
| Pre-merger
| 2
| 2
| Article 7(1) of 139/2004 requires pre-clearance.
| Article 11 requires notification to be given within 7 days of a definitive act.
|-
|-
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| Dominance
| Dominance
| 1
| 1
| Article 2(1) of CR 139/2004 considers dominance.
| Article 14(3) lists creation of dominant position as a reason to refuse a merger application.
|-
|-
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| Restriction of Competition
| Restriction of Competition
| 1
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
| Article 14(3) lists significant restriction of competition as a reason to refuse a merger application.
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
| 0
| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.
|  
|-
|-
|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 1
| 0
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
|  
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 1
| 0
| Article 2(1) of CR 139/2004 allows an efficiency defense.
|  
|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance

Revision as of 21:10, 16 August 2008

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.[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Scope extends to foreign corporations.[2] 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.
Remedies Fines 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.
Prison Sentences 0
Divestitures 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.
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 undertakings that violate the Act must compensate for the damages they 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 82(b) of the EU Treaty prohibits abuse of a dominant position.
Abusive Acts 1 Article 82 of the EU Treaty prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) of the EU Treaty prohibits price setting.


Discriminatory Pricing 1 Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
Resale Price Maintenance 1 Article 81 of the EU Treaty prohibits minimum resale price restrictions.[3]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[4]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Articles 81(1)(a) of the EU Treaty prohibits price fixing.
Tying 1 Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.
Market Division 1 Article 81 of the EU Treaty prohibits customer allocation clauses.[5]
Output Restraint 1 Article 81(1)(b) of the EU Treaty prohibits limiting production.


Market Sharing 1 Article 81(1)(c) of the EU Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the EU Treaty prohibits bid-rigging.
Supply Refusal 1 Article 81(1)(b) of the EU Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the EU Treaty allows an efficiency defense.

References

  1. ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. ↑ Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.
  3. ↑ EC Competition Law, at 97.
  4. ↑ Id, at 283.
  5. ↑ Id, at 97.
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