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COMPETITION COUNCIL TERMINATED INVESTIGATION INTO ACTIONS OF COMPANIES ENGAGED IN CEMENT PRODUCTION AND TRADE

Having evaluated the evidence on the suspected anti-competetive behavior of Lithuanian companies engaged in cement production and trade, the Competition Council (hereinafter – KT) terminated the investigation.

KT opened the investigation having suspected that by acquiring the shares of AB Akmenės cementas, as well as the right to veto certain board decisions, HeidelbergCement Northern Europe AB (hereinafter –HeidelbergCement) implemented an unnotified merger. KT sought to find out whether AB Akmenės cementas disclosed strategic information regarding company activities to a HeidelbergCement representative who is also a member of AB Akmenės cementas board. KT also aimed at identifying whether such actions could be considered an anti-competitive agreement or concerted practices.

Having evaluated the fact that HeidelbergCement did not exercise its veto rights and proved that the scope of shares owned by the aforementioned representative has been limited and that the board member ofAB Akmenės cementas was replaced by a person in no way connected to HeidelbergCement, KT terminated the investigation. KT believes that further investigation would have no significant impact on effective competition.

However, if KT found out that HeidelbergCement can impact on AB Akmenės cementas activities and have access to strategic information related to AB Akmenės cementas activities, the authority may reopen the investigation.