Our 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 a notice of concentration, to which the client conformed. Nevertheless, according to the Competition Council, the notice did not meet the requirements for such notice, as insufficient data had been provided. The client disagreed and argued that the Competition Council had abused its powers by merely taking means to extend the 4 months investigation period. The client relied on the fact that the Competition Council did not inform on the notice’s deficiencies immediately as required by the Law on Competition. Also, the Competition Council had in fact begun the investigation by adopting obligatory decisions to require information from market participants even before the alleged deficiencies had been cleared.
Subsequently, the Competition Council has unconditionally cleared the client’s concentration. As a result, the client’s rights have not been affected by the procedure commenced by the Competition Council.