Lithuania (April 15, 2004)
Score = 27
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. |