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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

Represents the Republic of Lithuania in arbitration proceedings pending before the International Centre for Settlement of Investment Disputes in Washington (ICSID) in accordance with the statement of claim filed by claimant Veolia Environnement S.A. et al. against the Republic of Lithuania (2016 – present);

Represents Vilniaus šilumos tinklai, UAB and the Vilnius City Municipality in arbitration proceedings pending before the Arbitration Institute of the Stockholm Chamber of Commerce in accordance with the statement of claim filed by claimants Veolia Environnement S.A. and UAB Vilniaus energija regarding the performance of the Vilnius heat sector lease agreement (2016 – present);

Represents the largest Lithuanian postal services provider Lietuvos paštas, AB in the investigation opened by the Competition Council related to the alleged unfair pricing practices as alleged abuse of the dominant position (2015 – present);

Represents the respondentKlaipėdos nafta, AB in a private competition enforcement case regarding compensation of alleged damages amounting to approx. EUR 6 million (2016 – present);

Represents Ecoservice, UAB during the investigation of the Competition Council related to the suspected collusive bidding agreement while participating in the public procurement for the purchase of municipal waste collection and transportation services (2016 – present);

Represented Manfula, UAB during the Competition Council’s investigation of a suspected cartel in the market of combined heat and power plant construction (2014–2017);

Represented two major market players –Bitė Lietuva, UAB and the Lithuanian Cable Television Association in the administrative court proceedings contesting the largest transaction made in Lithuania in 2015 – the acquisition of mobile operator Omnitel, UAB by the largest Lithuanian television and internet service provider TEO LT, AB (2015–2017);

Represents Multikino Lietuva, UAB during the leniency procedure under the application submitted to the Lithuanian Competition Council regarding the concluded resale price maintenance agreement (2014 – present);

Advises Lietuvos energija, UAB, a group of state-controlled energy companies, which is one of the largest in the Baltic States, on EU law and state aid issues related to the implementation of the projects on modernisation of the district heating sector in Vilnius and Kaunas, which are recognised as economic projects of national significance to the Republic of Lithuania (2016 – present);

Assists the Lithuanian Cable Television Association (and its 35 members) with new challenges in the IP infringement sector, including prevention of illegal distribution of TV programmes by means of online platforms or hardware devices, especially from the service providers established outside Lithuania and the European Union (2014 – present).

OTHER EXPERIENCE

Assisted LITGAS, UAB in preparation of a state aid notification and communication with the European Commission regarding changes in the legislation affecting the status and activity of the designated natural gas supplier (2015–2017);

Assisted Lietuvos energijos gamyba, AB in drafting and submitting state aid notification to the European Commission related to the compensation for public service obligations (2015–2016);

Participated in the joint team of lawyers which prepared an appeal to the Supreme Administrative Court of Lithuania in one of the largest competition cases in the history of Lithuanian competition law related to resale price maintenance agreements in food retail sector (2015–2016);

Provided legal advice to Lietuvos dujos, AB on the implementation of requirements of the EU Third Energy Package for unbundling of activities (2010–2014);

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 (2011–2013);

Represented Lietuvos dujos, AB 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 (2011–2012);

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 (2009–2013);

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 represented the client Lietuvos dujos, AB 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 (2010–2011);

Represented GlaxoSmithKline Lietuva, UAB 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 (2007–2011);

Provided legal advice and consultations in projects for upgrading the equipment of Lietuvos Elektrinė, AB (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) (2007–2011);

Counsels Microsoft Corporation and Microsoft Lithuania on various issues, including data protection and IT regulation matters (2008 – present);

Advised UAB WoraPay regarding expansion of an innovative mobile payment system into the territory of Estonia, including drafting of the associated licensing agreement and subsequent negotiations (2014);

Performed a legal due diligence review and assisted eSKY.pl in acquisition of the biggest Lithuanian online flight tickets booking and reservation company (2014);

Advised the Lithuanian Cable Television Association, participated in court proceedings related to the interpretation of definitions of re-broadcasting and electronic communications; prepared a submission asking the court to refer certain issues to the CJEU (2013–2015);

Advised the Lithuanian Cable Television Association, negotiated and drafted contract documents regarding the broadcasting of high-definition TV signal. As a result, a significant number of Lithuanian consumers were given a possibility to receive HD TV signal without any additional charges (2012–2013);

Participated in a study ordered by the Lithuanian Cable Television Association and TEO LT, AB regarding the impact of the planned legislation related to the changes in the legal status of electronic communications infrastructure. The study was performed jointly with Ernst & Young Baltic (2011–2012);

Represented broadcasting company Lithuanian Radio and Television in a set of legal disputes with the provider of the services of analogous terrestrial television and radio and digital terrestrial television concerning payment of the debt for the provided services, termination of unlawful actions and compensation of suffered damages caused by abuse of the significant market power and dominant position, as well as recognition of certain contractual provisions as discriminatory, contradicting to mandatory legal rules and void (2009–2014).

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)