Our Dispute Resolution team has represented a leading security service provider in a dispute with the Lithuanian Competition Council in the Supreme Administrative Court of Lithuania.
In this case, our client sought an annulment of the Council’s ruling by which it concluded that the security service company had entered into cash handling agreements that tied three banks to it. The questions raised in the case regarding the allegedly anticompetitive market behavior were of an unprecedented nature in the context of EU law as only one of the parties to the allegedly anticompetitive agreement was facing the possibility of being sanctioned. The case also posed a question regarding whether the Council had had the discretion to refuse the commitments offered by an undertaking under the existing circumstances prescribed by the Law on Competition.
Hence, in the light of the complexity of the case, when addressing the multi-jurisdictional legal questions, we used our wide network of connections to gather all the precedents as well as a legal framework, in general, relating to the circumstances of the case. It is noteworthy that, on our request, a world-class competition economics expert provided an opinion on the essential points of the case. After 8 hearings at the Supreme Administrative Court of Lithuania, one of which even took place orally, the Court upheld the Resolution of the Council, disregarding all previous decisions of the Court itself and Vilnius Regional Administrative Court.