Novelties of Method of Setting Fines Imposed for Infringements of the Lithuanian Law on Competition Cover Image

Baudų, skiriamų už konkurencijos įstatymo pažeidimus, dydžio nustatymo tvarkos naujovės
Novelties of Method of Setting Fines Imposed for Infringements of the Lithuanian Law on Competition

Author(s): Ana Novosad, Raimundas Moisejevas
Subject(s): Law, Constitution, Jurisprudence
Published by: Mykolas Romeris University
Keywords: fine; value of sales; basic amount of the fine; adjustments to the basic amount; mitigating circumstances; aggravating circumstances; recidivism

Summary/Abstract: Imposition of sanctions for violations of competition law rules is an important instrument of the European Union (EU) and Lithuanian competition enforcement authorities and is an inevitable part of the EU and Lithuanian competition law policy. The fining policy of the Lithuanian Competition Council for breaches of the Lithuanian and EU competition rules has recently been changed by the new 2012 Government resolution and has been aligned with the 2006 Commission Guidelines on the method of setting fines. The new Lithuanian fining rules set exactly the same basic principles for setting the amount of fines and are very similar to the Commission’s Guidelines, however some peculiarities may and shall be distinguished. The new Lithuanian fining rules in some aspects are even stricter than the EU fining rules established in the Commission’s Guidelines. The aim of the article is to analyse the main changes in the Competition Council’s fining policy and identify the discrepancies in national and EU fining rules, analyse advantages and disadvantages of the new fining policy.

  • Issue Year: 19/2012
  • Issue No: 2
  • Page Range: 625-642
  • Page Count: 18
  • Language: English