FOR THE INFRINGEMENT OF THE LITHUANIAN AND EUROPEAN COMPETITION RULES - A FINE UPON SE VILNIAUS TARPTAUTINIS ORO UOSTAS

The Competition Council, having assessed the findings of the completed investigation and having heard the explanations of the parties concerned passed the decision concerning the actions of the State Enterprise Vilniaus tarptautinis oro uostas. It has been resolved that the SE Vilnius International Airport by preventing Naftelf, UAB from entering the market for the supply of aviation gasoline and jet fuels to airplanes in the Vilnius international airport had infringed the requirements of Article 9 of the Law on Competition of the Republic of Lithuania and Article 82 of the Treaty establishing the European Community. For these infringements the Competition Council imposed upon the SE Vilniaus tarptautinis oro uostas a fine in the amount LTL 171,000. The SE Vilniaus tarptautinis oro uostas was also obligated to cease the illegitimate activity, i.e., within not longer than three months to provide to Naftelf, UAB a possibility to enter the market for the supply of aviation gasoline and jet fuels to airplanes in the Vilnius International airport.

The investigation was started on the basis of the complaint lodged by Naftelf, UAB. The complainant requested the Competition Council to determine whether the SE Vilniaus tarptautinis oro uostas was not abusing its dominant position by preventing Naftelf, UAB from the access to resources necessary for the provision of airplanes with fuels and by discriminating the applicant, since the suppliers of the fuels to the planes in the Vilnius International Airport had been selected without conducting any tender procedure.

The Competition Council passed the decision having thoroughly analysed the situation and having not determined any objective reasons on the basis of which Naftelf, UAB was prevented from entering the market for the supply of aviation gasoline and jet fuel to airplanes in the Vilnius International Airport. Although Naftelf, UAB had on more than one occasion applied to the Vilnius International Airport the applicant was not provided any possibility to compete with the Airport and RSS MOTORS, UAB in the market for the supply of aviation gasoline and jet fuel to airplanes in the Vilnius International Airport. The evidence established in the course of the investigation allowed the conclusion that the actions (omission) of the Vilnius International Airport, by infringing Article 9 of the Law on Competition alongside constituted a violation of the requirements of Article 82 of the EC Treaty since such actions could affect trade between Member States.

When imposing the fine for the established infringement the Competition Council considered several factors. It has been established that the infringement lasted from October 2006 up until the completion of the investigation. Furthermore, two circumstances aggravating the liability of the undertaking were established. Since the Competition Council was submitted incomplete information such actions of the SE Vilniaus tarptautinis oro uostas were assessed as on obstruction to conduct the investigation. Another aggravating circumstance was the repeated nature of the infringement as in June 2007 the Competition Council recognised the SE Vilniaus tarptautinis oro uostas to have committed an infringement of Article 9 of the Law on Competition and imposed a fine for the established infringement.