Lithuania merger control
Produced in partnership with Sorainen
Lithuania merger control

The following Competition practice note produced in partnership with Sorainen provides comprehensive and up to date legal information covering:

  • Lithuania merger control
  • 1. Have there been any recent developments regarding the Lithuanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Lithuania?
  • 2. Under Lithuanian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Competition Council?
  • More...

Lithuania merger control

A conversation with Monika Mališauskaitė-Vaupšienė, senior associate in the Vilnius office of regional law firm Sorainen, on the key issues on merger control in Lithuania.

NOTE–to see whether notification thresholds in Lithuania and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Lithuanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Lithuania?

On 1 November 2020, amendments to the Law on Competition of the Republic of Lithuania (the Law) came into force and brought several quite important developments to the Lithuanian merger control regime, including:

  1. potentially increased fines for infringements related to merger control–the fines for implementation of a notifiable concentration without permission of the Competition Council, continuation of concentration during the period of its suspension, also infringement of concentration conditions or mandatory obligations established by the Competition Council may reach up to 10% of the gross annual worldwide turnover of the undertaking in the preceding business year, and any group company may be held liable for the infringement and be requested to cover the imposed penalty

  2. the merger examination process may take longer–the Law states that a notification of a concentration will have to meet the criteria established by the Competition Council and not the criteria explicitly provided for in legal

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