Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Competition control is a relatively recent phenomenon in Lithuania. Following the restoration of independence, the Lithuanian Parliament enacted a Competition Act in 1992, which was to pave the way for the more complete Law on Competition No VIII-1099 adopted on 23 March 1999 ("the Competition Act"). The Competition Act was then significantly amended in 2004 in order to reflect the entry of Lithua …

Context

Competition control is a relatively recent phenomenon in Lithuania. Following the restoration of independence, the Lithuanian Parliament enacted a Competition Act in 1992, which was to pave the way for the more complete Law on Competition No VIII-1099 adopted on 23 March 1999 ("the Competition Act"). The Competition Act was then significantly amended in 2004 in order to reflect the entry of Lithuania in the European Union, and in particular the modifications brought by Regulation No 1/2003. Amendments to the Competition Act have regularly been adopted since then, namely in 2012, 2013, 2014, 2016, 2017, 2019 and lastly in 2020, with the transposition of the ECN+ Directive. 

The purpose of the Act is to promote freedom of competition for all undertakings in Lithuania. The provisions of the Act, drafted in conformity with EU competition law, are supplemented by a significant number of resolutions and decisions adopted by the Competition Council.

Sections 15 and 16 of the Act deal with the question of unfair competition. Pursuant to Section 15, undertakings are “prohibited from engaging in any conduct contrary to honest business practices and good customs where such conduct is likely to impair the ability of another economic operator to compete”. Such acts include, inter alia: unauthorized use of a name or mark; the supply of misleading information; disclosure of commercial secrets; passing off; look-alikes. Paragraph 3 of Section 15 specifies that persons who have acquired knowledge of commercial secrets as a result of their work or relations with a company cannot use this information within a period of one year after the end of their contractual relations or employment, unless an agreement or a law provides otherwise.

Commercial activities among undertakings, which have as their object or effect the prevention or restriction of competition within the national market are prohibited. These prohibitions not only apply to domestic undertakings but also to undertakings based in foreign States, where their activities have a negative anticompetitive effect on the Lithuanian market (Section 2(2)).

The Lithuanian Competition Act has a broad scope of application embracing all sectors of the Lithuanian economy both public and private. An amendment of 8 November 2016 significantly enhanced the application of competition rules and reach of the Competition Council's prerogatives vis-à-vis public undertakings.

The Act defines as “economic entity” any enterprise, combination of enterprises, institution, organization, or other legal or natural person which perform or may perform economic activities in the Republic of Lithuania or whose acts affect or whose intentions, if realized, could affect economic activity in Lithuania.

Global Competition Law

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Les notions juridiques connexes

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Les notions juridiques connexes

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