On 24 September 2009 Seimas of the Republic of Lithuania has adopted the Law amending Article 3 of the Law on Competition.
The definition of dominant position has been amended by the Law. Until now it has been established that, unless proved otherwise, an undertaking holding not less than 40 percent of the market share shall be considered to have a dominant position in the relevant market. Unless proved otherwise, each of a group of three or two undertakings with the largest shares of the relevant market, combined holding 70 percent or more of the relevant market, shall be considered to have a dominant position. Upon the amendments coming into force, the stricter requirements shall be applied to the assessment of the market share held by undertakings involved in retail. The amendments establish that, unless proved otherwise, the undertaking involved in retail holding not less than 30 percent of the market share shall be considered to have a dominant position in the relevant market. Unless proved otherwise, each of a group of three or two undertakings involved in retail with the largest shares of the relevant market, jointly holding 55 percent or more of the relevant market, shall be considered to have a dominant position.
This amendment has been adopted in order to establish legal grounds for more efficient protection of fair competition in retail.
This amendment shall come into force as from 1 January 2010.
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