Lithuanian Competition Authority

Lithuanian Competition Authority (Vilnius)

The main task of the Competition Council is to apply the Law on Competition. The Council also coordinates matters related to State aid and performs expert examination of the State aid projects, maintenances the register of State aid. The Competition Council also carries out functions assigned by other laws, such as the Law on Prices, Law on the Railway Transport Sector Reform, Law on Prohibition of Unfair Practices of Retail Undertakings, Law on Advertising and Law on Prohibition of Unfair Business-to- Consumer Commercial Practices.

Articles

8497 Bulletin

Lithuanian Competition Authority The Lithuanian Competition Authority fines national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)

132

Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

Lithuanian Competition Authority The Lithuanian Parliament amends the Competition Act with regard to such matters as independence, resources, powers and sanctions, in line with provisions of the Directive of the EU Parliament and Council

137

Competition Law Amendments Will Ensure More Effective Competition Enforcement in Lithuania* Today Seimas adopted amendments to the Law on Competition which will transpose the provisions of the Directive of the European Parliament and Council into national law, ensuring uniform regulation of (...)

Lithuanian Competition Authority The Lithuanian Competition Authority clears joint acquisition of raw materials and recycled plastic company by private equity investment fund and by European Bank for Reconstruction and Development (Eco Baltia / INVL Baltic Sea Growth Fund / European Bank for Reconstruction and Development)

82

Konkurencijos Taryba Clears Acquisition of Latvian Company Eco Baltia* Konkurencijos taryba cleared the acquisition of 52.81 per cent of the Latvian company Eco Baltia indirectly through BSGF Salvus, and acquisition of joint control of Eco Baltia by the investment fund INVL Baltic Sea Growth (...)

Lithuanian Competition Authority The Lithuanian Supreme Administrative Court upholds the decision finding construction companies guilty of bid rigging in public procurement (Panevėžio statybos trestas / Active Construction Management / Irdaiva)

258

Supreme Administrative Court of Lithuania: Construction Companies Restricted Competition in Public Procurement Through Joint Bidding* The Supreme Administrative Court of Lithuania (Court) rejected the appeals by the construction company Panevėžio statybos trestas (PST) and company Active (...)

Lithuanian Competition Authority The Lithuanian Competition Authority announces that merger review might be delayed due to the COVID-19 outbreak making data collection from market participants more difficult

147

EXAMINATION OF MERGERS MAY LAST LONGER* As companies have temporarily suspended their business operations due to the Covid-19 outbreak, Konkurencijos taryba is struggling to receive information from businesses and informs companies that it may take longer than usual to implement the activities (...)

Lithuanian Competition Authority The Lithuanian Competition Authority opens investigation into a suspected anticompetitive agreement among national basketball league and individual basketball clubs and warns similar agreements are not justified by the COVID-19 health emergency (Lithuanian Basketball League)

205

KONKURENCIJOS TARYBA LAUNCHES INVESTIGATION INTO SUSPECTED ANTI-COMPETITIVE AGREEMENT AMONG LITHUANIAN BASKETBALL LEAGUE AND BASKETBALL CLUBS* The Lithuanian competition authority Konkurencijos taryba has launched an investigation into a suspected anti-competitive agreement among the (...)

Lithuanian Competition Authority The Lithuanian Competition Authority invites competing businesses planning to cooperate during the COVID-19 pandemic to contact the Authority and the EU Commission for guidance about their cooperation intentions

132

European Commission and EU competition authorities encourage companies to seek guidance on cooperation initiatives* Businesses are currently facing particular challenges due to the coronavirus crisis, which may encourage companies to cooperate with each other in order to overcome the negative (...)

Lithuanian Competition Authority The Lithuanian Competition Authority ends its investigation into alleged anti-competitive agreement in the household manufacturing sector (Tikkurila, Tikkurila/Kesko Senukai Lithuania/Kesko Senukai Digital/ Ermitažas/DAW Lietuva/Topcolor)

42

KONKURENCIJOS TARYBA HASN’T SPOTTED ANTI-COMPETITIVE AGREEMENTS BETWEEN CONSTRUCTION, REPAIR AND HOUSEHOLD PRODUCT MANUFACTURERS AND SELLERS* Konkurencijos taryba has terminated investigation into the alleged anti-competitive agreement among 7 Lithuanian and Latvian companies engaged in the (...)

Lithuanian Competition Authority The Lithuanian Competition Authority terminates investigation for abuse of dominance after commitments made by the postal service company (Lietuvos paštas)

11

Konkurencijos Taryba approves commitments by Lietuvos Paštas* Lietuvos paštas committed to inform other postal service providers about any pricing changes in advance and not to create any obstacles to its competitors operating in the same market. Konkurencijos taryba decided that these (...)

Lithuanian Competition Authority The Lithuanian Competition Council concludes an investigation into public tenders on street and road repair and land melioration works by establishing the presence of bid-rigging cartel activity (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)

113

COMPETITORS RECEIVE FINES FOR SHARING TENDER ALLOCATION* Konkurencijos taryba found that companies Pasvalio melioracija, Jadrana, Panevėžio melioracija and Biržų ranga concluded a bid-rigging cartel: cartelists colluded their actions and bids, including bid price, and agreed in advance on the (...)

Lithuanian Competition Authority The Vilnius Regional Administrative Court upholds the decision of the Lithuanian Competition Authority fining two undertakings for bid rigging in the market of radioactive scrap metal (Norvesta / Sypra)

342

PARTICIPANTS OF AUCTION BY IGNALINA NUCLEAR POWER PLANT DID NOT AVOID LIABILITY FOR CARTEL INFRINGEMENT* Vilnius Regional Administrative Court (Court) upheld the decision of the Lithuanian competition authority Konkurencijos taryba, according to which UAB Norvesta and the German company Sypra (...)

Lithuanian Competition Authority The Lithuanian Supreme Court accepts the Competition Authority’s request for renewing court proceedings regarding an anti-competitive agreement in the energy sector (Vilniaus energija / Bionovus)

13

Dispute over competition law infringement on biofuel market returned to Supreme Administrative Court of Lithuania* The Supreme Administrative Court of Lithuania agreed to renew court proceedings concerning an anti-competitive agreement on the biofuel market as requested by the Lithuanian (...)

Lithuanian Competition Authority The Supreme Administrative Court of Lithuania upholds the decision of the National Competition Authority in a cinema cartel case (UAB Forum Cinemas)

330

Supreme Administrative Court upholds Council’s decision: Cinema cartels resulted in fewer discounts for consumers* The Supreme Administrative Court of Lithuania rejected the appeal by UAB Forum Cinemas against the Competition Council’s decision whereby the company was fined EUR 1,384,300 for (...)

Lithuanian Competition Authority The Vilnius Regional Administrative Court confirms the decision of the Competition Authority according to which two Lithuanian construction companies restricted competition by entering into bidding consortia (PST / Irdaiva)

252

Vilnius Regional Administrative Court: Joint bidding by construction companies restricted competition* Vilnius Regional Administrative Court (the Court) upheld Competition Council‘s decision according to which two Lithuanian construction companies Panevėžio statybos trestas (PST) and Irdaiva (...)

Lithuanian Competition Authority The Lithuanian Competition Authority reports that a food retail company fails to implement merger remedies after the acquisition is approved (RIMI / PALINK)

8

Competition Council: Rimi failed to implement merger remedies* The Competition Council reported that UAB Rimi Lietuva (RIMI) failed to implement merger remedies which the authority approved as a condition when clearing the acquisition by RIMI of 100 per cent shareholding and sole control of (...)

Lithuanian Competition Authority The Lithuanian Competition Authority fines two construction firms for bid rigging in the market for renovation and modernisation of schools and kindergartens (PST / Irdaiva)

285

Competition council: joint bidding of two construction firms restricted competition* The Competition Council found that joint bids submitted by two Lithuanian construction firms UAB Irdaiva and AB Panevėžio statybos trestas (PST) restricted competition “by object”, in breach of Article 5 of the (...)

Lithuanian Competition Authority The Lithuanian Competition Council finds occasion wear shops to have engaged in cartel activity due to their imposition of fixed dress try-on fees for customers (Occasion wear shops cartel)

50

CARTEL AMONG OCCASION WEAR SHOPS RESULTED IN HIGHER PRICES FOR CONSUMERS* The Competition Council found a number of occasion wear shops operating in Vilnius guilty of a cartel that set a fixed dress try-on fee for customers. Firms received fines ranging from EUR 1 to EUR 1,960, with seven out (...)

Lithuanian Competition Authority The Lithuanian Competition Council imposes fines on Italian-based supplier of bone regeneration products and its corresponding Lithuanian distributor for engaging in resale price maintenance (Tecnoss Dental / UAB Implamedica)

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Competition Council fines supplier and Distributor of Bone Regeneration Products for Resale Price Maintenance* The Competition Council found the Italian-based supplier Tecnoss Dental and its Lithuanian distributor UAB Implamedica engaged in fixing minimum resale prices of bone regeneration (...)

Lithuanian Competition Authority The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision concluding a bid rigging agreement in the public procurement for the purchase of software development work (UAB Ministerium / Nebūk briedis / VšĮ TV Europa)

10

Supreme Administrative Court of Lithuania upheld Competition Council’s decision on bid ridding* The Supreme Administrative Court of Lithuania (Court) upheld the Competition Council’s decision on two bid rigging agreements. On 5 November 2015 the Council found that UAB Ministerium, UAB Nebūk (...)

Lithuanian Competition Authority The Lithuanian Competition Council prohibits a merger between two managers of classified ads websites for real estate and vehicles (AS Eesti Meedia / AllePAL OÜ)

147

Competition Council: Merger between classified ads websites restricted competition* On 6 May 2016, the Competition Council (hereinafter – KT) prohibited a merger whereby in 2014 AS Eesti Meedia acquired 100 per cent of AllePAL OÜ shares. KT found that the merger restricted competition in the (...)

Lithuanian Competition Authority The Lithuanian Competition Authority announces that three cinema operators have implemented two separate cartel agreements (Forum Cinemas)

330

Lithuanian Competition Council detected two cartels by cinema operators* On December 18 Lithuanian Competition Council (KT) announced that three cinema operators, “Forum Cinemas“, “Multikino Lietuva“ and “Cinamon Operations“, had been fixing prices of cinema tickets as part of two separate cartel (...)

Lithuanian Competition Authority The Lithuanian Competition Council imposes fines on a food retailer and a frozen bakery producer for having implemented an anticompetitive agreement (Maxima and Mantinga)

143

ANTI-COMPETITIVE AGREEMENT BETWEEN MAXIMA LT AND UAB MANTINGA RESULTED IN HIGHER COSTS FOR CONSUMERS* Competition Council (the KT) disclosed an anti-competitive agreement between food retail chain MAXIMA LT, UAB (MAXIMA) and frozen bakery producer UAB Mantinga (Mantinga). The companies fixed (...)

Lithuanian Competition Authority The Lithuanian Competition Council imposes fines on five building and construction companies for having implemented anticompetitive agreements (UAB Convertus)

178

Competition Council disclosed anti-competitive agreement among bidders* The Competition Council (KT) discovered that five building and construction companies, namely UAB Convertus, UAB UGNA, UAB Aketus, UAB Aestus and UAB Gedarta, rigged their bids in the procurement organised by UAB Baltic (...)

Lithuanian Competition Authority The Lithuanian Competition Authority conditionally clears an acquisition on the market of the insurance of land vehicles and the market of property insurance (Lietuvos draudimas / PZU)

234

COMPETITION COUNCIL CLEARS ACQUISITION OF AB LIETUVOS DRAUDIMAS BY PZU S.A., SUBJECT TO CONDITIONS* On 9 October, the Competition Council (KT) cleared the acquisition of 100 per cent of AB Lietuvos draudimas shares by PZU S.A. The merger was cleared upon the condition that PZU S.A. would sell (...)

Lithuanian Competition Authority The Lithuanian Competition Authority imposes fines on a bank for having implemented an anticompetitive agreement on the markets for cash handling and cash-in-transit services (G4S)

129

UAB G4S LIETUVA restricted competition within the markets of cash handling and cash-in-transit services* The Competition Council (KT) found that the actions of UAB G4S Lietuva (G4S) breached Article 5 of the Law on Competition and Article 101 of the Treaty on the Functioning of the European (...)

Lithuanian Competition Authority The Lithuanian Competition Authority launches a market test following merger commitments proposed on the market of the insurance of land vehicles and the market of property insurance (PZU)

252

Competition Council calls for opinions on merger commitments proposed by PZU S.A.* Competition Council (KT) calls stakeholders to express their grounded opinions on PZU S.A. (Powszechny Zakład Ubezpieczeń Spółka Akcyjna) commitments to the merger wherein the latter acquires up to 100 per cent of (...)

Lithuanian Competition Authority The Lithuanian Competition Authority finds that the difference between the terms and conditions of channel distribution rights sold to analog and digital television providers does not impede competition or significantly influence consumer welfare (Viasat World)

122

Competition Council: Viasat conduct does not impede competition* Competition Council (KT) terminated investigation into suspected abuse of dominance by Viasat World Limited and Viasat AS. The KT held that the actions carried out by the companies influence neither effective competition nor (...)

Lithuanian Competition Authority The Lithuanian Competition Council opens an investigation and finds that refusal to negotiate a swap agreement for natural gas amounted to a breach of the merger conditions (Gazprom / Lietuvos dujos)

166

Lithuanian Competition Council fines OAO Gazprom for failing to comply with merger conditions* On 10 June, the Competition Council (KT) imposed a fine of 123,096,700 litas (approx. EUR 35,651,269) on OAO Gazprom for the failure to comply with merger conditions. In 2004, the KT allowed Gazprom (...)

Lithuanian Competition Authority The Lithuanian Competition Authority allows acquisition by a state-owned company of a national operator in control of the natural gas transmission system (JSC EPSO-G / Amber Grid)

111

Competition Council clears acquisition of SC Amber Grid shares by JSC EPSO-G* On 19 May, the Competition Council (the KT) cleared acquisition of 38.9 per cent of SC Amber Grid shares by JSC EPSO-G (all the company’s shares together with already owned ones will amount to 56.6 per cent). Hence, (...)

Lithuanian Competition Authority The Lithuanian Competition Authority imposes fines for implementing non-notified mergers and requires the undoing of the takeover on the market for petrol stations (Lukoil Baltija / Baltic Petroleum)

205

Competition Council fines Lukoil 11 817 700 LTL for implementing non-notified mergers* On 12 May, the Competition Council (the KT) fined UAB Lukoil Baltija 11 817 700 LTL ( ̴ 3 422 642 EUR) for implementing non-notified mergers and obligated the company to eliminate the breach. Having (...)

Lithuanian Competition Authority The Lithuanian Competition Authority concludes an important investigation into the suspected abuse of dominance in the sector for road transportation (LINAVA)

198

Competition Council’s investigation encourages the Association LINAVA* The Competition Council (the KT) terminated the investigation into the actions by the Lithuanian National Road Carriers Association LINAVA (the Association). Allegedly, the Associations had breached Article 7 of the Law on (...)

Lithuanian Competition Authority The Lithuanian Supreme Administrative Court approves the decision that a national professional association and 32 association members entered into an anticompetitive agreement on the application of minimum tariffs for shipping agency services (Lithuanian Shipbrokers and Agents Association)

159

Supreme Administrative Court upholds competition council‘s decision to sanction Shipping Agency Companies* On 7 April, the Supreme Administrative Court of Lithuania (the Court) approved the Competition Council‘s (the KT) decision concluding that Lithuanian Shipbrokers and Agents Association (the (...)

Lithuanian Competition Authority The Lithuanian Competition Council establishes a restrictive agreement as regards limitation of beer production and finds an infringement of Article 5 of the Law on Competition and Article 101 TFEU (Guild of Breweries)

103

Competition Council: the agreement among brewers was not based on concerns about the public health only* On 4 March, the Competition Council (the Council) announced that the Lithuanian Guild of Breweries, AB Gubernija, UAB Kalnapilio – Tauro grupė, UAB Restoranas Apynys, TŪB Rinkuškiai, UAB (...)

Lithuanian Competition Authority The Lithuanian Competition Council clears acquisition of business related to production and provision of cell culture products, supressor genes and magnetic micro particles (GMC / Thermo Fisher Scientific)

56

Competition Council clears acquisition by general electric company of GMC consolidation* On 4 March 2014, the Competition Council (the Council) cleared acquisition by General Electric Company of 100 per cent GMC Consolidation LLC shares. General Electric Company acquires a part of Thermo (...)

Lithuanian Competition Authority The Lithuanian Competition Authority closes merger investigation pursuant to the divesture of acquired shares by the cosmetics supplier (Fragrances International)

103

Competition council terminates investigation on the actions of Fragrances International* On January 30, the Competition Council (the Council) terminated the investigation on the actions of UAB Fragrances International (Fragrances International) whereby the latter had acquired 49 per cent of (...)

Lithuanian Competition Authority The Lithuanian Competition Council closes an investigation on the suspected anti-competitive agreement between the members of the national guild of breweries

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Competition council closes investigation on suspected anti-competitive agreement between brewers* On December 23 The Competition Council (the Council) closed an investigation on the suspected anti-competitive agreement between the members of the Lithuanian Guild of Breweries. According to the (...)

Lithuanian Competition Authority The Council of the EU agrees upon a general approach on the draft directive concerning actions for damages for breaches of antitrust law that will serve as basis for negotiations with the European Parliament with a view to reaching an agreement at first reading

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Possibility to receive full compensation for damages suffered as a result of antitrust violations comes closer* On December 2, the European Union (EU) Competitiveness Council reached a general approach on a draft directive on certain rules governing actions for damages under national law for (...)

Lithuanian Competition Authority The Lithuanian Competition Authority sends a warning to an oil company suspected of having implemented a merger without previous notification (Lukoil Baltija)

141

Competition Council closes investigation on possibly unnotified mergers implemented by UAB Lukoil Baltija within the market of fuel retail trade* On November 6, the Competition Council (the Council) sent a Statement of Objections to UAB Lukoil Baltija suspected of having infringed the Law on (...)

Lithuanian Competition Authority The Lithuanian Regional Administrative Court of Vilnius decides to reduce the fines imposed for an illegal agreement for cash-in transit and cash handling services markets (G4S)

143

Court upholds the KT‘s decision on the infringement but reduces the fines imposed on G4S and banks* On 18 June 2012, Vilnius Regional Administrative Court (Court) upheld the Competition Council’s (Konkurencijos taryba, KT) decision of 20 December 2012, according to which, UAB G4S Lietuva (G4S) (...)

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