A case regarding concerted actions in the public procurement

Our Dispute Resolution team has successfully represented a well-known construction company before the Court of Appeal of Lithuania. The Court of Appeal upheld the judgment of the court of the first instance in favor of the client.

In this case, the subject of the dispute was the participation of companies linked by a relationship of control or significant influence in the same public procurement procedure. The main issue was to identify what actions are prohibited for related companies when they participate in the same public procurement.

The dispute arose after two companies allegedly concerted their actions in the public procurement organised by the Vilnius University Hospital Santaros Klinikos and the Ministry of Health of The Republic of Lithuania.

Our team provided a wide range of arguments and evidence, which demonstrated that these two companies indeed concerted their actions in the public procurement. The Court of Appeal supported this Motieka & Audzevičius team’s position and dismissed the appeal brought by the appellants.