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Dr. Lina Darulienė

Partner, Head of Dispute Resolution, Lithuania

Vilnius, Lithuania

+370 5 251 4444; 251 4445

lina.daruliene@tgsbaltic.com

Lithuanian, English, Russian

Sharp litigator, and very well suited to dealing with international corporations.

Legal 500

RECOGNITION BY INTERNATIONAL PUBLICATIONS

Lina is listed as as an excellent professional in competition law and disputes resolution by best known and the most authoritative international legal directories like Chambers Europe and Chambers Global, Legal 500 and other. Some quotes from these catalogues about Lina:

  • Lina “leads the team and is widely regarded as one of the finest practitioners in the competition arena”. Sources confirm that "everyone has high regard for her." (Chambers Europe)
  • Lina “is particularly noted for her expertise in competition litigation.” (Chambers Europe)
  • Lina “is a sharp litigator, and very well suited to dealing with international corporations.” (LEGAL 500)

MAJOR TRANSACTIONS

Advised on competition matters Scandinavian financial group Swedbank on the acquisition of Danske Bank personal banking business in Lithuania and represented the client before the Competition Council in Lithuania (2016);

Represented KKR & CO. L.P., a global investment firm, before the Competition Council in obtaining the authorisation for concentration by acquisition of control of Alliance Tire Group B.V. (2012–2013);

Represented Viasat AS, Viasat World Limited before the Competition Council in investigating a possible infringement of competition rules (abuse of a dominant position) when distributing and terminating the Viasat Sport Baltic channel and in examining the issues of lawfulness of the Competition Council’s decision before Lithuanian administrative courts (2009–2013);

Represented DNB Bank before the Competition Council in investigating a possible infringement of competition rules, related to the charging of interbank fees, and in adopting a decision on termination of the investigation in the absence of an infringement (2011–2013);

Represents the major tobacco manufacturer in the Baltic states UAB Philip Morris Baltic in the disputes with the State Tobacco and Alcohol Control Agency regarding the decisions of this authority to assess certain actions of the client as an illegal advertising of tobacco products (2011–2013);

Represented Daimler AG and Robert Bosch GmbH before the Competition Council in obtaining permit for concentration for creation of joint venture by respective companies (2011);

Represented the Lithuanian Road Administration in a dispute with the European Commission regarding the application of financial corrections for the projects financed from the Cohesion Fund, in which, in the European Commission’s view, infringements of public procurement were determined (2008);

Represented one of the biggest wholesalers of pharmaceuticals and healthcare products in Lithuania UAB Tamro as well as UAB Viasana, a representative of Medac GmbH in Baltic countries before the Competition council in the investigation on the alleged vertical competition restricting agreements of the companies engaged in the wholesale business of pharmaceuticals, medical goods and medical devices and in making a decision to terminate the investigation (2009–2011);

Represented Thermo Fisher Scientific Inc. before the Competition Council in examining the notification of concentration regarding the acquisition of Fermentas International Inc. and obtaining a decision permitting concentration (2010);

Represented UAB Maxima LT before the Competition Council in examining the notification of concentration and obtaining a decision permitting concentration (2008);

Represented UAB G4S Lietuva, the largest security services company in Lithuania, which is a company of the world group G4S, in the Competition Council and in administrative courts in a case regarding conformity of provisions of certain orders of the Police Commissioner General of Lithuania, by which police authorities were given the right to provide contractual commercial security services with regard to natural and legal persons’ property to requirements of Article 4 of the Law on Competition (2006–2008).

OTHER EXPERIENCE

Represents the administrator of linkomanija.net project, UAB N5, in a civil case against Microsoft Corporation, whereas Microsoft Corporation claimed damages against UAB N5 for operating torrent webpage which contained torrents with Microsoft software available for (2010–2013);

Represented Ignalina Nuclear Power Plant in a civil dispute with contractors on awarding the fee for contract work (2012–2013);

Represented FR&R Invest IGA S.A., a company of the Scandinavian finance group Swedbank, in obtaining the Competition Council’ decision permitting the take-over of the shares in the Group of companies and in examining the issue of lawfulness of the Competition Council’s decision before administrative courts (2011–2012);

Represented a subsidiary of the German company Gebr. Heinemann, UAB Travel Retail Vilnius, controlling Travel Value/Duty Free shops, in a civil dispute against the International Vilnius Airport. The dispute was for recognition of an amendment to the lease agreement to be invalid. Seeks to defend the client’s interests and to prove that in extraordinary circumstances a lease agreement awarded by way of a public tender can be amended (2010–2012);

Represented Viasat AS the largest digital satellite TV operator in the Baltic countries in administrative proceedings and successfully defended the client’s interests in contesting the resolution of the Competition Council, by which it was admitted that Viasat AS spread misleading advertising and performed actions of unfair competition and a monetary penalty imposed on it (2010–2011);

Represented UAB Žaibo Ratas Vilnius and UAB Agrolitas Imeks Lesma in civil cases initiated on the basis of the claim filed by the shareholder of the insolvent company regarding unfair competition acts (2009–2012);

Represented UAB HMK Prekyba in a civil dispute against the claimant Klaipėda Regional Prosecutor’s Office concerning the declaration of invalidity of the land parcel sale and purchase transaction (2009–2011);

Represented UAB Tefire in a civil dispute against UAB Lakis concerning the declaration of invalidity of the Long-term Subcontract, the transactions on sale of fixed assets and indemnity (2008–2011);

Represented a subsidiary of the Georgian company IDS Borjomi Beverages Co. N.V., the producer of the world-known mineral water Borjomi, in civil cases for debt award in the amount of USD 1,300,000 and EUR 2,031,417. Initiated the bankruptcy proceedings of the debtor company, during which transactions illegally and wilfully made by the head of the debtor company and third persons are challenged, the lawfulness of actions of the head and shareholders of the debtor company in management of the company is assessed and imposition of liability on persons whose actions rendered the company insolvent is sought, as well as the award of damages to be paid by these persons, which would cover the debts of the company under bankruptcy to its creditors (2010);

Represented BLRT Grupp AS before the Competition Council in examining the notification of concentration on acquisition of AB Baltijos Laivų Statykla and UAB Baltijos Inžinerijos Centras and obtaining a decision permitting concentration (2010);

Represented NORDEA BANK FINLAND PLC in a civil case initiated on the basis of the claim filed by the lesser of commercial premises against the lessee NORDEA BANK FINLAND PLC to award the rent fee and damages. In this case the courts of first instance as well as the appeal court rejected the claim of the lesser against NORDEA BANK FINLAND PLC and ruled out that the claimant’s claims against the bank were ungrounded (2010);

Represented a major Baltic bank Balti Investeeringute Grupi Pank AS (Big Bank), specialising in the field of consumer credits, in its disputes with the Competition Council regarding use of misleading advertising and in disputes regarding registration of the trademark “Bigbank – the fastest way to money” (2008–2009);

Represented one of the most famous world producers of clothing and accessories Italian company Valentino Fashion Group S.p.A., which uses trademarks Marlboro Classics, in a dispute with the State Tobacco and Alcohol Control Agency (2008–2009);

Represented UAB Clear Channel Lietuva, which is a subsidiary of one of the largest outdoor advertising companies in the world, in a dispute with the Vilnius City Municipality in administrative and general courts regarding cancelling of privileges and advantages given to a competitor to operate in the market (2008–2009);

Advised one of the largest companies of retail and wholesale trade in medicines and goods of medical purpose, UAB Tamro, on issues of competition law and concentration control, represented the company in the Competition Council (2008–2009);

Represented the interests of a waste management company belonging to the German Toensmeier group in the Competition Council and administrative courts in settling disputes regarding lawfulness of the decisions of the Kaunas Municipality whereby the client’s competitor was granted exclusive rights to provide waste management services in Kaunas city (2008);

Counselled one of the largest and most modern milk processors in the Baltic States, AB Pieno Žvaigždės, on competition law issues and represented the client in the investigation of the Competition Council regarding a cartel agreement of milk processing companies (2007–2008).

PUBLICATIONS

  • The cartel prohibition (The International Comparative Legal Guide to: Cartels & Leniency 2009)
  • The cartel prohibition (The International Comparative Legal Guide to: Cartels & Leniency 2008)
  • Antitrust Review: Lithuania (Global Competition Review: The European Antitrust Review 2006)
  • Antitrust Review: Lithuania (Global Competition Review: The European Antitrust Review 2005)
  • Unfair Competition and Unallowable Advertising (lit. Nesąžininga konkurencija ir neleistina reklama) // Verslo Žinios, 12 May 2006
  • Cartel Agreements: Arguments against Participating (lit. Karteliniai susitarimai: kodėl neverta dalyvauti) // Verslo Žinios, 15 December 2006
  • Distribution Agreements can be in Breach of Competition Law (lit. Distribucijos sutartys gali pažeisti konkurencijos įstatymą) // Verslo Žinios, 23 July 2003
  • Sources of Competition Law of the European Union and Lithuania (lit. Europos Bendrijos ir Lietuvos konkurencijos teisės šaltiniai) // Jurisprudencija: The University of Law of Lithuania. Scientific Work, 2002, V.27 (19)
  • Specifics of Application of Competition Law of the European Union and Lithuania in Regulating Activities of Banks (lit. Europos Bendrijos ir Lietuvos konkurencijos teisės taikymo ypatumai reguliuojant bankų veiklą) // Jurisprudencija: The University of Law of Lithuania. Scientific Work, 2002, V.24 (16)
  • The Competition Council of the Republic of Lithuania about Protection of Freedom of Fair Competition (lit. Lietuvos Respublikos konkurencijos taryba apie sąžiningos konkurencijos laisvės apsaugą) // Verslo Labirintas, 2002 (1)
  • Competition Law: Block Exemption Applicable to Vertical Agreements (lit. Konkurencijos teisė: bendroji vertikaliųjų susitarimų išimtis) // Justitia, 2000, No. 3

MEMBERSHIP

  • Lithuanian Bar Association

PROFESSIONAL CAREER

  • Since 2017 Head of law firm TGS Baltic (former TARK GRUNTE SUTKIENE) pan-Baltic Dispute Resolution practice group
  • Since 2013 Head of law firm TARK GRUNTE SUTKIENE pan-Baltic Dispute Resolution practice group
  • Since 2010 Partner, Head of Dispute Resolution practice group in Lithuania at law firm TARK GRUNTE SUTKIENE
  • Since 2009 Partner of law firm Sutkiene, Pilkauskas & Partners (now TARK GRUNTE SUTKIENE)
  • Since 2003 Attorney-at-law of law firm Sutkiene, Pilkauskas & Partners
  • 2001–2008 lecturer on competition law and tax law at Vytautas Magnus University and at Mykolas Romeris University
  • 2000–2003 Head of the Legal Department of the Competition Council of the Republic of Lithuania
  • 1998 lawyer and adviser on legal matters at the Competition Council of the Republic of Lithuania

EDUCATION

  • Lina Darulienė holds a PhD in social sciences (programme of law)
  • In 2002, she finished reading for a doctorate at Mykolas Romeris University (the University of Law of Lithuania at the time) and defended a doctoral thesis in social sciences ("The Peculiarities of the Application of Competition Law to the Governing of Banking Activities in the EU and Lithuania")
  • 1998 Vytautas Magnus University, Lithuania (Master’s degree in Law)
  • 1995 Vytautas Magnus University, Lithuania (Master’s degree in Business administration)