Lithuania (April 15, 2004)
Score = 22
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 | 0 |
References
- ↑ It does not appear that the 2004 amendments substantively changed the score or any of the information for this report.
- ↑ Competition Council of the Republic of Lithuania website, http://www.konkuren.lt/english/antitrust/legislation.htm.