Dispute regarding the notice of concentration

Our Dispute Resolution team has represented a real estate administrative services provider before Vilnius regional administrative court.

The Competition Council ‒ the national competition authority (NCA) decided to oblige the client to give notice of concentration. Notably, the client did not have such an obligation according to the merging entities’ income thresholds established by the Competition Law. This is the first time that the NCA has applied this procedure since the 1999 Law on Competition entered into force.

In the client’s opinion, the NCA adopted a manifestly unfounded decision and failed to carry out any investigation at all before the adoption of the contested decision. Also, the NCA infringed the client’s right to a defense because the NCA had failed to provide the client with an opportunity to state arguments.

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