Official Gazette, 2004, No. 177-6567
Effective as of 10 12 2004

THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA

RESOLUTION

ON THE APPROVAL OF THE RULES CONCERNING THE SETTING OF THE AMOUNT OF A FINE IMPOSED FOR THE INFRINGEMENT OF THE LAW ON COMPETITION OF THE REPUBLIC OF LITHUANIA

6 December 2004, No. 1591
Vilnius

Acting in accordance with Art. 42(5) of the Law on Competition of the Republic of Lithuania (Official Gazette, 1999, No. 30-856; 2004, No. 63-2244) the Government of the Republic of Lithuania has resolved:

to approve the Rules concerning the setting of the amount of a fine imposed for the infringement of the Law on Competition of the Republic of Lithuania (attached).

Acting Prime Minister Algirdas Brazauskas

Acting Minister of Economy Petras Čėsna

_____________

APPROVED
By Resolution No. 1591 of
6 December 2004
of the Government of the Republic of Lithuania

THE RULES CONCERNING THE SETTING OF THE AMOUNT OF A FINE IMPOSED FOR THE INFRINGEMENT OF THE LAW ON COMPETITION OF THE REPUBLIC OF LITHUANIA

GENERAL PROVISIONS

1. The Rules concerning the setting of the amount of a fine imposed for the infringement of the Law on Competition of the Republic of Lithuania (further - the Rules) shall govern the procedure for the setting of the amount of fines imposed for the infringements referred to in Art. 41 of the Law on Competition (Official Gazette, 1999, No. 30-856), and the infringements referred to in Art. 81 and 82 of the consolidated version of the Treaty establishing the European Community (Official Gazette, 2004, No. 2-2) that are investigated by the Competition Council of the Republic of Lithuania (further - the Competition Council).

SETTING THE AMOUNT OF A FINE

2. The amount of a fine shall be set in this way: by calculating the amount of a fine for the gravity of the infringement, the amount of a fine for the duration of the infringement and the total of the two amounts.
3. In assessing the gravity of the infringement account shall be taken of the nature of the infringement, impact of the infringement upon the relevant market (when this can be measured), and the area of the geographical territory (geographical market) related to the infringement.
4. Where the infringement has been lasting for a period exceeding one year, the amount of a fine for the duration of the infringement shall be set up to 10 % of the amount of a fine for the gravity of the infringement for each year of the infringement.
5. A fine set up under clause 2 of the Rules shall be increased or reduced by up to 50 %, taking into account:
   1. the circumstances extenuating the liability of the undertaking set forth in Art. 42(2) of the Law on Competition of the Republic of Lithuania or other circumstances not referred to therein but recognised by the Competition Council as extenuating;
   2. the circumstances aggravating the liability of the undertaking referred to in Art. 42(3) of the Law on Competition of the Republic of Lithuania;
   3. the impact of each undertaking upon the infringement when committed by several undertakings (i.e., whether the undertaking was the initiator of the infringement, performed an active or passive role in the infringement, also the market share held by the undertaking concerned).

REDUCTION OF A FINE IN RESPECT OF A PARTY TO A PROHIBITED AGREEMETN BETWEEN COMPETITORS

6. A fine set under Section II of the Rules shall be reduced in respect of the undertaking, which is a party to a prohibited agreement between competitors where such undertaking provides complete information available to it regarding the prohibited agreement and co-operates with the Competition Council during the investigation.
7. A fine shall be reduced from 50 % to 75 % where the Competition Council has taken the decision to start the investigation of the prohibited agreement between the competitors and the undertaking meets all of the following conditions:
   1. the undertaking is the first of the parties to the prohibited agreement between competitors, which has supplied all the available information on the prohibited agreement;
   2. the undertaking supplies the proof of the prohibited agreement between competitors which is not available to the Competition Council and which is material for the purpose of the proof of the prohibited agreement;
   3. the undertaking has not been the initiator of the prohibited agreement and has not induced other undertakings to participate in such an agreement.
8. A fine shall be reduced from 20 % to 50 % if the undertaking, which is a party to a prohibited agreement supplies the proof of the prohibited agreement not available to the Competition Council and which is material for the purpose of the poof of the prohibited agreement.