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Annual Report 2006

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HIGHLIGHTS OF<br />

<strong>2006</strong><br />

JANUARY FEBRUARY<br />

January 5 The Competition Council<br />

passed the Resolution whereby AB<br />

Lietuvos paštas was recognised having<br />

infringed the requirements of Article 9<br />

of the Law on Competition by its actions<br />

whereby it established discriminatory<br />

tariffs upon undertaking operating under<br />

identical terms as another undertaking<br />

thus. A fine of LTL 80,000 was imposed<br />

upon AB Lietuvos paštas for abuse of its<br />

dominant position.<br />

JUNE<br />

June 22 A fine of LTL 45,634 imposed<br />

upon undertakings for the prohibited<br />

agreement concluded when participating<br />

in the consulting service tender for<br />

obtaining the support from the EU<br />

structural funds.<br />

SEPTEMBER<br />

September 7 Authorisation granted<br />

to implement the concentration by<br />

establishing UAB Jungtinis tiekimas –<br />

logistics-construction materials<br />

distribution centre joining the small and<br />

medium-sized traders in construction<br />

materials.<br />

September 13 The Competition<br />

Council hosted the Third Baltic<br />

Countries Competition Conference in<br />

Vilnius.<br />

September 21 Authorisation granted to<br />

UAB Kautra to implement concentration<br />

by acquiring the 100 percent holding in<br />

UAB Tolimojo keleivinio transporto<br />

kompanija (TOKS).<br />

February 8 Rimantas Stanikūnas,<br />

Chairman of the Competition Council<br />

participated in the Sixth Global Forum on<br />

Competition hosted by the Organisation<br />

for Economic Co-operation and<br />

Development (OECD) in Paris.<br />

February 13 Seeking to more<br />

efficiently and expediently perform<br />

the investigations of prohibited<br />

agreements between competitors –<br />

cartel investigations, and perform other<br />

investigation-related functions a new<br />

Cartel Division was established within<br />

the administration of the Competition<br />

Council.<br />

JULY<br />

July 7 Rimantas Stanikūnas, Chairman<br />

of the Competition Council, the<br />

only representative from the Eastern<br />

and Central European competition<br />

authorities participated in the closing<br />

discussion of the Sixth <strong>Annual</strong> Trans-<br />

Atlantic Antitrust Dialogue hosted by<br />

the British Institute of International and<br />

Comparative Law.<br />

OCTOBER<br />

October 5 A fine of LTL 3,110,000<br />

imposed upon AB TEO LT for the<br />

infringement of Article 9 of the Law<br />

on Competition. The Company has<br />

not in essence contested the evidence<br />

of abuse of the dominant position and<br />

acknowledged to have committed an<br />

infringement.<br />

October 26 Having detected the cartel<br />

agreement in the wholesale paper market<br />

the Competition Council concluded<br />

that the companies participating in the<br />

cartel infringed not only the provisions<br />

of the Law on Competition, but also<br />

the requirements of Article 81 of the<br />

EC Treaty. The total amount of the fines<br />

imposed upon the companies for the<br />

prohibited agreement is in excess of LTL<br />

680,000.<br />

MAY<br />

May 3 Rimantas Stanikūnas, Chairman<br />

of the Competition Council participated<br />

in the Fifth <strong>Annual</strong> ICN conference.<br />

May 8 The Supreme Administrative<br />

Court of Lithuania passed the final<br />

and unappealable ruling upholding<br />

Resolution of 3 February 2005 of the<br />

Competition Council on the prohibited<br />

agreement between undertakings<br />

operating in the taxi market in Vilnius.<br />

AUGUST<br />

August 1 The Competition Council<br />

started using its new logo registered in<br />

the State Patent Bureau of the Republic<br />

of Lithuania.<br />

NOVEMBER<br />

November 22 The Government of<br />

the Republic of Lithuania passed the<br />

Resolution approving the regional aid<br />

map of the Republic of Lithuania. The<br />

map was developed in accordance with<br />

the provisions of the EC Treaty providing<br />

for a possibility to grant certain State<br />

aid.<br />

November 30 The Competition<br />

Council initiated an investigation<br />

concerning the actions of Rautakirja<br />

Oy potentially circumventing the<br />

conditions and obligations attached to<br />

the concentration authorisation seeking<br />

to avoid the creation or strengthening<br />

of a dominant position in connection<br />

to the authorisation for the Company to<br />

acquire the Vilnius agency UAB Lietuvos<br />

spauda.<br />

GENERAL<br />

ACTIVITY<br />

OVERVIEW<br />

The statistical data on the scope of the tasks and activities performed by the Competition Council (hereinafter – CC) in <strong>2006</strong> and the average<br />

duration of the performance thereof are presented in the Tables below:<br />

Total resolutions by the CC in <strong>2006</strong> 131<br />

Of which:<br />

Concerning completed investigations<br />

Of which:<br />

-ex officio investigations<br />

-upon complaints<br />

Refused investigations 16<br />

Extended investigations 26<br />

Terminated investigations 8<br />

Other resolutions 9<br />

Positions on the EU legal acts submitted via the LINESIS system* of the Government of the Republic of<br />

Lithuania<br />

Agreed positions on the EU legal acts prepared by other authorities via the LINESIS system 18<br />

Comments on draft laws and resolutions of the Government of the Republic of Lithuania 63<br />

Comments on draft regulations of other authorities 54<br />

Written inquiry responses 237<br />

Approved prices and tariffs 43<br />

Approved procedures for price and tariff setting 2<br />

* Information system on Lithuania’s membership in the EU<br />

Average duration of investigations completed in <strong>2006</strong> Months<br />

Concerning infringements of the Law on Competition<br />

Of which:<br />

- prohibited agreements 9<br />

-abuse of a dominant position 7<br />

-infringement of the requirements of Article 4 5<br />

Concentration control 19 weekdays<br />

Infringements of the Law on Advertising 5<br />

State aid notification approvals with the aid providers 1<br />

The activity of the CC related to the enforcement of the Law on Competition (hereinafter – LC) is clearly demonstrated by the number of<br />

the resolutions taken in this respect and illustrated by the Table below.<br />

Resolutions under the requirements of the LC<br />

Year 2000 2001 2002 2003 2004 2005 <strong>2006</strong><br />

Resolutions 69 73 70 73 79 81 85<br />

6 ANNUAL REPORT <strong>2006</strong> ANNUAL REPORT <strong>2006</strong> 7<br />

72<br />

4<br />

68<br />

8<br />

7

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