Our team has successfully represented a leading security service provider in a dispute with the National Competition Council in the Vilnius Regional 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 defends the security service provider from these allegations.
In 2014, the Lithuanian Supreme Administrative Court dismissed the appeal of the Competition Council and satisfied the appeal of our client. The Supreme Administrative Court has ordered the Competition Council to assess the commitments proposed by the client and to consider closing of the case without monetary fines. After 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. In the same 2014, the Competition Council has repeatedly imposed the same amount of fine, amounting to several million euros. The client has appealed the Competition Council’s decision.
The Vilnius Regional Administrative Court has annulled the Competition Council’s decision and has returned the case to the Competition Council for an additional investigation. The Court has been convinced that the Competition Council has failed to execute the Supreme Administrative Court’s order to assess commitments proposed by the client. Despite of the explicit Supreme Administrative Court’s order to carry an additional investigation, the Competition Council did not collect any new evidence. Also, the Court took into account serious deficiencies of the Competition Council’s investigation e. g. evident lack of evidence on actual adverse effect on competition and a failure to take in to account an objective lack of effective competitors in the market during the investigated period.