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Dr. Darius Miniotas

Associate Partner

Vilnius, Lithuania

+370 5 251 4444; 251 4445

darius.miniotas@tgsbaltic.com

Lithuanian, English

MAJOR PROJECTS

Participated in the joint team of lawyers which prepared an appeal to the Lithuanian Supreme Administrative Court in one of the largest competition cases in the history of Lithuanian competition law related to resale price maintenance agreements in food retail sector (2015present).

Represents UAB Multikino Lietuva during the leniency procedure under the application submitted to the Lithuanian Competition Council.
The Client was forced by a more powerful counterparty to conclude resale price maintenance agreement which restricted competition and negatively influenced both consumers and Client’s business practices. The Client decided to inform the Competition Council about such an agreement and apply for leniency (2014present).

Represents one of the parties to the suspected cartel in the market of combined heat and power plant construction.
The Lithuanian Competition Council, relying on the leniency application submitted by one of the parties, established that companies Manfula and Lukrida used a third-party company Envija to fix a part of the price for internal combustion engines and thus breached competition laws. For a 2.5 year-long cartel the Council fined Manfula 333,900 EUR and Envija 303,600 EUR. Lukrida filed leniency application and, thus, received a total immunity from the fine of 656,600 EUR (2014present).

Continuously provides legal advice to AB Lietuvos paštas regarding various complex competition law issues (2014present).

Continuously provides legal advice to one of the major Lithuanian companies operating in the natural gas sector on the implementation of requirements of the EU Third Energy Package for unbundling of activities (20102014);

Provided legal consultations to one of the biggest banks operating in Lithuania in litigation where the credit agreement was equated with the acquisition of de facto control over the debtor and contesting the agreement on the grounds of contradiction to imperative rules of law (failure to notify of a concentration). The Supreme Court of Lithuania by its ruling established the case law with respect to the conception of the acquisition of de facto and de jure control within the meaning of the institution of concentration control (20112013);

Represented AB Lietuvos Dujos before the National Commission for Energy Control and Prices, the Vilnius Regional Administrative Court and the Supreme Administrative Court of Lithuania with respect to infringement of the Methodology on calculation of upper limits of natural gas transmission and distribution prices and the results of the NCECP inspection and cancellation of the fine imposed (20112012);

Represented the Lithuanian Cable Television Association in a number of investigations performed by the Competition Council relating to the third party’s abuse of a dominant position (20092013);

Provided legal advice on the Law amending the Law of the Republic of Lithuania on Natural Gas and the Law implementing the Law amending the Law of the Republic of Lithuania on Natural Gas and representation in the working group led by the Ministry of Energy of the Republic of Lithuania and before other state authorities on matters with respect to drafting, adjusting and approving the Laws (20102011);

Represented UAB GlaxoSmithKline Lietuva during the Competition Council’s investigation on the compliance of actions of entities engaged in wholesale trade of medicines, medicinal products and medicinal devices and of the association of the entities with the requirements of Article 5 of the Law on Competition and Article 101 of the Treaty (20072011);

Provided legal advice and consultations in projects for upgrading the equipment of AB Lietuvos Elektrinė (including the analysis of concluded contracts, consultations on performance of contracts, etc.), in the project of construction of a new facility (including assistance in preparing tendering documents, draft contracts, legal advice on financing and other project implementation matters) (20072011).

PUBLICATIONS

  • European Commission opens investigations into practices in the electronic commerce sector // Verslo žinios, February 2017.
  • TMT Developments in Lithuania // Article was originally published in Issue 2.4. of the CEE Legal Matters Magazine, 2015.
  • Miniotas. D. (2013). Lygiagrečios prekybos ribojimo farmacijos sektoriuje vertinimas (Assessing restrictions of parallel trade in pharmaceutical industry). Teisė. Mokslo darbai, Vol. 86. 
  • Miniotas D. (2012). Ar vertikalus kainų fiksavimas yra blogis? (Rethinking vertical price fixing: Where evil lurks?) Teisė. Mokslo darbai, Vol. 85.
  • Miniotas D. (2010). New rules on electricity trading adopted in order to create an effective electricity trading market. The Baltic Times.
  • Miniotas D. (2009). Control measures for competition assurance as adopted in public procurement procedures. The Baltic Times.
  • Miniotas D. (2008). Bank deposit guarantees increased in light of the financial crisis. The Baltic Times
  • Žogaitė I., Miniotas D. (2008). The International Comparative Legal Guide to: Environmental Law 2008 – Lithuania. Global Legal Group.
  • Žogaitė I., Miniotas D. (2007). Getting the Deal Through – Gas Regulation 2007: Lithuania. Law Business Research Limited.

membership

  • Since 2012 member of the Lithuanian Bar Association 
  • Since 2010 member of the Lithuanian Young Bar Association

PROFESSIONAL CAREER

  • Since 2017 Associate Partner at law firm TGS Baltic (former TARK GRUNTE SUTKIENE)
  • 2014–2017 Senior Associate at law firm TARK GRUNTE SUTKIENE
  • 20122014 Senior Associate at professional law partnership Baltic Legal Solutions Lietuva 
  • 20082012 Associate at professional law partnership Baltic Legal Solutions Lietuva 
  • 20072008 lawyer at professional law partnership Baltic Legal Solutions Lietuva 
  • 20062007 draftsman to a prosecutor of the District Prosecutor’s Office of the city of Vilnius 
  • 20042005 public assistant to prosecutor of the District Prosecutor’s Office of the city of Vilnius

EDUCATION

  • 20102015 Vilnius University, Faculty of Law, Vilnius, Lithuania (PhD in Competition Law)
  • MayJune 2012 and SeptemberDecember 2013 study visits at the Max Planck Institute for Intellectual Property and Competition Law, Munich, Germany
  • 20032008 Vilnius University, Faculty of Law, Vilnius, Lithuania (Master’s degree in law, specialisation – competition law)