COMPETITION COUNCIL LODGES AN INDIVIDUAL COMPLAINT WITH THE SUPREME ADMINISTRATIVE COURT

On December 20, the Competition Council (the Council) lodged an individual complaint with the Supreme Administrative Court against the ruling issued by Vilnius Regional Administrative Court (the Court) on 12 December 2013 whereby the Council was prohibited from continuing the investigation of UAB Lukoil Baltija case wherein the latter is suspected of having implemented 16 unnotified mergers.

“I respect the Court’s decision, however, as the head of an institution carrying out the investigation, I think, that the prohibition to continue the case examination may create a precedent which will become a serious obstacle for regulatory bodies engaged in business supervision. For these reasons, we have lodged a complaint with the Supreme Administrative Court.

On many occasions I have publicly stated that the opening of an investigation does not mean that the infringement does exist. However, only having completed the investigation the Council could ascertain whether or not an infringement exists.. Paying due respect to the Court’s decision we have suspended the investigation on the actions by UAB Lukoil Baltija, nonetheless, we expect that the prohibition to investigate the suspected infringement will soon be abolished.” – says Šarūnas Keserauskas, the Chairperson of the Competition Council.

The prohibition to continue the investigation is valid until the enforcement of Court’s ruling on the administrative case concerned with UAB Lukoil Baltija complains against the Council’s decisions whereby the latter refused to satisfy some of UAB Lukoil Baltija requests of procedural nature. These requests and the arguments provided by UAB Lukoil Baltija could have been examined during the Council’s meeting planned for December 17, which could not take place as a result of the Court’s ruling.