THE COMPETITION COUNCIL IMPOSES LIMITATIONS UPON THE EXPANSION OF MAXIMA CHAIN IN CERTAIN REGIONS

In its regular meeting the Competition Council examined the notification lodged on 19 May 2008 by MAXIMA LT, UAB on intended concentration by leasing or acquiring the commercial premises at different locations in Vilnius, Klaipėda and Kaunas cities, and Marijampolė, Palanga, Kėdainiai and Šilutė municipalities. For the purpose of the assessment of the concentration deal intended by MAXIMA LT, UAB the Competition Council thoroughly examined and assessed the situation in the local markets from the competition viewpoint. Having established that the intended concentration will not create or strengthen any dominant position in the relevant markets of Kaunas, Palanga, Kėdainiai and Šilutė, the Competition Council authorised concentration to be implemented in these regions by leasing or acquiring the premises indicated in the notification.

However, having determined that in certain local markets the proposed concentration deal may potentially raise competition concerns the Competition Council authorised the implementation of the proposed concentration by leasing the specified commercial premises in the territories of Vilnius, Klaipėda and Marijampolė municipalities only having established certain conditions and obligations. Having considered the proposals submitted by MAXIMA LT, UAB designed to address the competition-related issues the company was obligated to terminate the agreements on the lease of premises of a specified size in the territories of Vilnius, Klaipėda and Marijampolė municipalities used for retail trade in food products and household items. As a possible alternative the company may transfer the right in respect of the premises to third parties, or to transfer /lease the commercial premises managed by title or other basis in which MAXIMA LT, UAB performs the activity of trading in food products and household items in the municipalities of the specified cities. The Competition Council also established the terms and conditions for the fulfilment of the imposed obligations.

The obligations in respect of MAXIMA LT, UAB were established having considered that in this specific case the concentration degree in the retail trading markets would increase and a dominant position could possibly be created, or the competition could be restricted in the relevant markets of Vilnius, Klaipėda and Marijampolė regions.