LITHUANIAN COMPETITION AUTHORITY UPDATES MERGER FILING FEES

The Lithuanian competition authority Konkurencijos taryba has updated the merger filing fees, as well as fees for the examination of requests to perform individual merger actions. The fees are based on the expenses incurred by the authority last year and will apply to undertakings from 1 March 2022.

In accordance with the provisions of the Law on Competition and taking into account the expenses incurred for merger examination during 2021, Konkurencijos taryba decided to apply EUR 18,600 fee for a merger review and EUR 6,200 fee for the examination of a request to perform individual merger actions.

Konkurencijos taryba calculates the fees each year by March 1. In 2018 they amounted to EUR 10,000 and 3,000, in 2019 and 2020 – EUR 9,000 and EUR 2,700, while in 2021 – EUR 11,000 and EUR 3,300.

The fees, which should be paid to the authority’s bank account prior to the submission of a merger notification or a request to perform individual merger actions, are used to cover the costs incurred by Konkurencijos taryba during the merger review process, taking into account also the need for experts of different competences who are able to examine complex mergers requiring a detailed legal and economic analysis. In 2021, Konkurencijos taryba reviewed 22 mergers, cleared 19 transactions, blocked one merger, terminated two more merger reviews. In 5 cases a detailed legal and economic analysis was conducted.

The intended merger must be notified to Konkurencijos taryba and clearance must be obtained if the combined aggregate income of merging parties in the business year preceding the merger exceeds EUR 20 million and the aggregate income of each of at least two merging parties in the business year preceding the merger exceeds EUR 2 million.