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Antitrust litigation refers to legal proceedings concerning violations of competition law, usually intended to prevent monopolistic practices and ensure a fair marketplace. In Kaunas, as everywhere in Lithuania, antitrust law focuses on prohibiting anti-competitive agreements, abuse of dominant market positions, and overseeing mergers and acquisitions that may harm market competition. The legal framework is shaped by Lithuania's national legislation as well as European Union competition law, given Lithuania’s EU membership. Antitrust litigation in Kaunas often involves businesses, trade associations, and, occasionally, private individuals or public authorities disputing alleged breaches of competition regulations.
There are numerous situations in which you may require the assistance of a lawyer specializing in antitrust litigation:
Lawyers offer guidance in investigations, negotiate on your behalf, help prepare documentation, and represent you in court or administrative proceedings.
Antitrust litigation in Kaunas is governed by both Lithuanian national law and the relevant provisions of European Union law. The main legislative act is the Law on Competition of the Republic of Lithuania, which prohibits:
The Competition Council of the Republic of Lithuania (Konkurencijos taryba) is the primary authority responsible for enforcing competition law and investigating potential violations. Additionally, courts in Kaunas have jurisdiction to hear civil antitrust cases and appeals involving findings or sanctions imposed by the Competition Council. EU-wide laws, particularly Articles 101 and 102 of the Treaty on the Functioning of the European Union, are also directly applicable.
Anti-competitive behavior includes agreements or concerted practices that restrict competition, such as price fixing, market sharing, and abuse of a dominant market position, for example, by imposing unfair prices or limiting supply.
The Competition Council of the Republic of Lithuania is responsible for enforcing antitrust laws, investigating breaches, and imposing administrative sanctions. Lithuanian courts handle litigation and appeals.
Yes, EU competition law applies directly in Lithuania, including in Kaunas. National authorities are also empowered to apply and enforce EU competition rules.
Yes, both individuals and businesses can initiate civil lawsuits to claim damages if they have suffered harm due to anti-competitive practices.
Penalties may include significant administrative fines, invalidation of restrictive agreements, or orders to cease unlawful conduct. Criminal sanctions are rare but possible in certain cases.
Mergers or acquisitions that may substantially lessen competition must be notified to the Competition Council for review and clearance before proceeding.
Under the leniency program, parties involved in a cartel can receive reduced fines or immunity if they report the conduct and cooperate with the Competition Council.
It is advisable to seek immediate legal counsel. Do not destroy documents or withhold information. Cooperate with authorities and prepare a defense with legal guidance.
Yes, if their activities affect the Lithuanian market, foreign businesses can be subject to investigation and penalties under Lithuanian and EU competition law.
Formal mediation services are not typical in antitrust proceedings, but parties may negotiate settlements or commitments with the authorities to avoid formal litigation or reduce penalties.
The following organizations and bodies can provide further information or assistance regarding antitrust litigation in Kaunas:
If you believe you are involved in or impacted by an antitrust issue in Kaunas, consider the following steps:
Taking swift, informed action is crucial when facing antitrust litigation or investigations in Kaunas. A qualified legal expert can help you navigate the complexities of competition law and protect your interests throughout the process.
