COMPETITION COUNCIL CLOSED INVESTIGATION INTO ANTICOMPETITIVE AGREEMENT BETWEEN PRODUCERS AND DISTRIBUTOR OF BREAD AND OTHER FOOD PRODUCTS

Competition Council (KT) closed investigation into suspected anticompetitive agreements between the producers and distributors of bread and other food products.

On 21 September 2010, the KT initiated investigation having suspected that the undertakings engaged in the production and distribution of food products may have fixed prices.

According to the KT’s experts, the provisions of the supply contracts concluded between UAB MAXIMA LT and UAB Mantinga, their internal correspondence and other factual circumstances were sufficient to suspect resale price fixing. Having evaluated all the collected data, the KT’s experts found that the suspected breach of Article 5 of the Law on Competition and Article 101 of the Treaty on the Functioning of the European Union lasted for 10 years.

During the investigation the KT also assessed the actions of other undertakings engaged in the sales of food products. According to the collected data, it was the common interest of both UAB Maxima LT and UAB Mantinga to involve other retail chains into aforementioned agreements. However, there was no sufficient evidence to prove that UAB Prisma LT, UAB Palink, UAB NORFOS MAŽMENA and UAB RIMI Lietuva participated in the agreements. Having evaluated all the circumstances, the KT’s experts suggested terminating the investigation related to the actions of the latter companies.

Notice:

The fact that the KT has informed the suspected undertaking about the conclusions of an investigation does not mean that the infringement has already been established. Statement of Objections is a document issued by the authorised officers of the KT and sent to the stakeholders. This document is not announced publicly. Having received the Statement of Objections, a suspected undertaking is given an opportunity to familiarize with the material of an investigation and provide a written explanation. Explanations can also be provided orally during the meeting where both parties to the case are heard. The KT takes into consideration all the explanations before adopting the final decision.