Victory at the Court of Appeal of Lithuania in an unfair competition case

The client providing freight transportation (forwarding) services entered into a dispute with its agent due to an alleged violation of the commercial agency agreement intended for representation in concluding transactions for international cargo transportation.

The agent filed a claim to award damages against our client, alleging that the client engaged in unfair competition by using the agent’s trade secrets and causing damage to the agent. This dispute went to the Lithuanian Court of Appeal twice, where in the end it was concluded by full client’s victory.

During the preparation for the case, our Dispute Resolution experts worked hand in hand with the client’s team on collecting relevant factual evidence, identifying key fact witnesses whose examination would be helpful in demonstrating the client’s position strengths and establishing the truth. Proper preparation led to success.

The Lithuanian Court of Appeal supported our position that the client providing freight transportation services did not use any of the agent’s trade secrets. The court emphasized that the commercial secret must be defined, specific and unambiguously clear. The court also agreed with our position that communication about business opportunities does not constitute a trade secret. Based on these motives, after almost three years of litigation, the Lithuanian Court of Appeal rejected the claim fully.