Lithuanian Authority Backs Proposal to Presume 10% Consumer Harm in Antitrust Damages Claims

VILNIUS, April 8, 2026 — The Competition Council of Lithuania has endorsed proposed amendments to Lithuania’s Competition Law that would introduce a presumption that consumers harmed by competition law violations suffer damages equal to 10% of the price paid.

In a submission to the Ministry of Economy and Innovation, the authority recommended that the government support the legislative changes, arguing they would strengthen consumer compensation mechanisms and deter companies from breaching competition rules.

Aim to make damages claims easier

According to the authority, Lithuanian consumers rarely file damages claims for harm caused by anticompetitive conduct such as cartels. The agency said this is largely due to limited financial resources, lack of legal knowledge and other practical barriers faced by consumers compared with businesses.

Introducing a 10% presumption of harm would make it easier for consumers to claim compensation and more actively defend their rights following confirmed competition law violations, the authority said.

The proposal would not automatically require companies to pay damages equal to 10% of the purchase price in every case. Courts would retain discretion to reduce the amount of compensation where the actual harm suffered by consumers is lower.

Based on international research

The authority said the proposed presumption is grounded in economic research on the typical impact of cartel conduct. Studies by the Organisation for Economic Co-operation and Development suggest that anticompetitive agreements frequently lead to price increases that exceed 10%.

Similarly, data from the European Commission indicates that consumers usually pay inflated prices for goods and services in markets affected by cartel arrangements, with overcharges in some cases significantly surpassing that threshold.

Deterrent effect expected

The authority also argued that an effective damages framework could serve as an additional deterrent against competition infringements.

It pointed to a previous case involving driving schools that had been found to participate in a cartel. After courts confirmed the authority’s findings, the companies compensated affected consumers following a claim by a group of customers, choosing to settle rather than face litigation.

Government yet to decide

After reviewing the arguments presented in a draft government resolution opposing the amendments, the Competition Council concluded that those concerns do not outweigh the expected benefits of stronger consumer protection and improved enforcement of competition law.

The authority therefore recommended that the Lithuanian government approve the proposed changes to the Competition Law.

Source: https://kt.gov.lt/lt/naujienos/konkurencijos-taryba-teigiamai-vertina-siulomus-konkurencijos-istatymo-pakeitimus-del-zalos-vartotojams-atlyginimo

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