PARLIAMENT APPROVES AMENDMENTS TO THE COMPETITION LAW

Today, the Seimas has adopted amendments to the Law on Competition related to the consultative function of the Competition Council and the procedure for the collection of fines and interest to the state budget in cases when the decision of the Authority is appealed to the court.

The members of the Parliament approved the addition to Article 18 of the Law on Competition of a provision according to which the Competition Council will provide methodological assistance to businesses and public administration entities and advise them on competition supervision issues, as well as perform other preventive actions.

The Competition Council continues to devote a significant part of its resources to advocacy and the preparation of methodological materials to inform businesses and public entities about the requirements of competition law. Businesses can consult the Authority's experts before entering into agreements that may affect competition. The Competition Council's experts also provide prompt answers to other questions relating to the most common infringements investigated by the Authority. Therefore, the consultative function regulated by the law should not be seen as a way for offenders to avoid liability for infringements of competition law. 

The Seimas also decided to amend Article 33 of the Law on Competition so that if an infringer appeals a decision of the Competition Council, the enforcement of half of the fine and the corresponding interest shall be suspended until the court's decision takes effect. This means that infringers who appeal against the Authority's decisions to the court will be obliged to pay only half of the imposed financial penalty to the state budget within three months, and the other half will have to be paid at the end of the litigation process.

In its opinion, the Legal Department of the Office of the Seimas noted that the proposed amendments concerning the suspension of the enforcement of half of the fine and a portion of the interest are inconsistent with other provisions of the Law on Competition, as well as with the legal framework established in laws governing the appeal and enforcement of decisions. Therefore, the department recommended abandoning these amendments. Nevertheless, the Seimas Committee on Economics did not support this opinion.

The amendments to the Law on Competition, if signed by President Gitanas Nausėda, are expected to enter into force on 1 January 2026.