Our Dispute Resolution team has represented a leading security service provider in a dispute with the National Competition Council in the Supreme Administrative Court. Three major banks and a leading security services provider had previously been issued with the largest fine in the history of the Republic of Lithuania so far for alleged anticompetitive single-service purchasing agreements. The agreements allegedly had a restrictive effect on the competitive environment in the market (market foreclosure).
Our firm has defended the security service provider from these allegations. The Lithuanian Supreme Administrative Court dismissed the appeal of the Competition Council and satisfied the appeal of our client. As the Competition Council’s decision has been annulled, the amount that had been paid for the imposed fine, amounting to several million euros, was returned to our client. The Lithuanian Supreme Administrative Court assessed and dismissed the Competition Council’s request to renew the procedure. The Competition Council asserted that the Supreme Administrative Court had made a manifest error in law. On these grounds, the Competition Council asked the court to annul the former Supreme Administrative Court’s order which had been favorable to the client.
Motieka & Audzevičius in the representation of the client has succeeded in defending the Supreme Administrative Court’s order mentioned above, signifying that the Supreme Administrative Court had not made an error in its annulment of the Council’s decision to impose a several million euros fine in its entirety. This order of the Supreme Administrative Court may have a positive effect on the still ongoing court procedures between the Competition Council and the client.