Our team represented a significant player in the agricultural sector in a case against the National Competition Authority (NCA) before the Supreme Administrative Court. The litigation arose after adoption of NCA ruling where the NCA held that an illegal concentration had been carried out and imposes a fine of EUR 947’700. Although the Vilnius Regional Administrative Court upheld the ruling of the NCA, the NCA’s attempt to change the existing case-law (arguing that a shareholder retains control over an undertaking during the whole bankruptcy procedure) was overturned upon hearing our arguments.
Nevertheless, the Supreme Administrative Court held that the NCA’s resolution is lawful and fairly substantiated to be upheld. The Supreme Administrative Court rejected a request to reopen proceedings inter alia stating that there is no need to carefully examine all the main arguments of the Client.
Considering the scope of the findings and the novelty of the position that the NCA holds, the case at hand is of great importance for the whole concentration control regime.