Dispute regarding an alleged unlawful concentration

Motieka & Audzevičius Dispute Resolution team has represented a significant player in the agricultural sector before the Supreme Administrative Court of Lithuania regarding the decision of the Competition Council. The latter has fined the client due to an alleged unlawful concentration.

The main issue of the case is whether factual circumstances preclude a formal approach to the requirement of notifications about concentration and what is the relation between the standard of proof of the Competition Council and the prejudicial power of rulings in civil cases. Inter alia the Supreme Administrative Court clarified that declaration of the start of insolvency proceedings of the allegedly concentrated entity has no effect on the questions of control and effective influence towards the entity.

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