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Crisis and Competition Enforcement Lithuanian Style Šarūnas Keserauskas, Chairman, Competition Council 28 May 2011, Athens
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Overview Crisis in figures Effect of crisis on firms Effect of crisis on the Lithuanian NCA
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Crisis in figures I GDP: contracting by 14 to 15.9 percent in each quarter of 2009 compared to the preceding quarter State budget revenue (excluding foreign financial assistance): –2008: EUR 6.72 (5.71) bn –2009: EUR 5.99 (4.28) bn –2010: EUR 5.76 (4.21) bn
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Crisis in figures II Average monthly salary (gross): –2008 4Q: EUR 672 –2010 1Q: EUR 588 Population: –2008: 3.35 million –2011: 3.05 million (May 2011 population census)
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EFFECT OF CRISIS ON FIRMS
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Effect of crisis on firms No crisis cartels observed Rising prices have fuelled calls for price regulation More requests for reduction of fines
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Reduction of fines 2009-2010 6 Cases with fine reductions due to the crisis: –48 undertakings benefited from the reductions –EUR 227,490 overall reduction 10% non-individualised reductions in 5 cases 20% non-individualised reduction in 1 case due to severe decline in the sector (Car Rental) No grounds found for individualised “crisis reductions”
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THE LITHUANIAN NCA EFFECT OF CRISIS ON
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NCA budget, EUR (m) YearTotalSalaries 20081.330.86 20091.050.72 20100.870.61
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NCA staff monthly salaries, EUR (gross) YearChairmanTop-level expert Mid-ranking expert 20082,1631,375917 20091,7831,146802 20101,473962743
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NCA spending on technical means and staff training, EUR YearTechnical means Staff training 200818,8352,234 20096,8691,670 20100156
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RECORD ENFORCEMENT
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Case statistics 2008 – 2010 YearArt. 5 decisions (anticompetitive agreements) Art. 9 decisions (abuse of dominance) Mergers 2008Infringement: 3 Non-infringement: 3 Infringement: 1 Non-infringement: 1 55 2009Infringement: 3 Commitments: 1 Infringement: 1 Non-infringement: 2 46 2010Infringement: 6 Non-infringement: 1 Infringement: 3 Commitments: 1 Non-infringement: 2 37
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IT ALL MEAN? WHAT DOES
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More for less? Don’t jump to the wrong conclusion: cutting the NCA’s budget does not necessarily lead to better enforcement! Crisis did focus the NCA’s mind: –The Chairman stopped being driven by a chauffeur –More attention to cartels But the authority is running on fumes
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Much more for a little bit more! Setting prioritisation principles Main focus on: –Anti-cartel enforcement –Competition advocacy Adequate and independent budget
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