Final victory in a vertical agreement competition case

Motieka & Audzevičius Dispute Resolution team successfully represented a biofuel supplier during the long-lasting investigation of the Competition Council of Lithuania regarding the conclusion of an alleged vertical exclusive agreement for the purchase of biofuels, which allegedly had a restrictive effect on competition. This investigation took more than 5 years to finally settle.

Competition Council alleged that the biofuel supplier was responsible for the conclusion of the alleged vertical exclusive agreement for the purchase of biofuels, which allegedly had a restrictive effect on competition.

Nonetheless, the Supreme Administrative Court of Lithuania supported the position of the biofuel supplier two times – in both, main and renewed proceedings. By the 4 June 2019 ruling, the Supreme Administrative Court declared that the decision of 13 June 2018 ruling of the Supreme Administrative Court in favor of our client was lawful and well-sounded.

By the 15 September 2020 statement of objections, the Competition Council’s investigators group concluded that infringement was made by the biofuel supplier once again. Nevertheless, the Competition Council terminated the investigation stating that there is no way for the Competition Council to reach a different conclusion in comparison to the first conclusion which was found as illegal and erroneous by the Supreme Administrative Court twice.

Experience