THE VILNIUS INTERNATIONAL AIR PORT INFRINGED THE REQUIRMENTS OF THE LAW ON COMPETITION

In its meeting the Competition Council examined the findings of the completed investigation and passed a decision whereby it resolved that the actions of the State enterprise Vilnius International Airport constituted an infringement of Article 9 of the Law on Competition, prohibiting the abuse of the dominant position. The SE Vilnius International Airport was sanctioned for this infringement by a pecuniary fine of LTL 50,000. Also the Ministry of Communications was proposed to take measures aimed at the segregation of the management and organisation services provided by the Vilnius International airport from other commercial activities.

The investigation was performed in response to the application filed by UAB RSS Motors seeking to determine a possibility of abuse of a dominant position by the Vilnius International airportin the provision of airplanes with fuels in the Vilnius International airport. UAB RSS Motors lodged a complaint against the actions of the Vilnius International Airport: the requirement to submit the fuel supply agreements with the customers and other related instructions, the refusal to provide a site complying with the fire protection requirements to a second fuel vehicle which in the opinion of the applicant was contradictory to the provisions of the Law on Competition

While operating in the management and organisation market in the Vilnius airport the SE Vilnius International Airport is competing with the applicant RSS Motors in the market for the provision of airplanes with fuels in the airport in question, i.e. performs commercial activity.

Having regard to the findings of the investigation the Competition Council concluded that the requirement of the SE Vilnius International Airport to UAB RSS Motors to submit the contracts with the customers would not be justifiable even for the purpose of the administration of the Vilnius international airport, therefore such actions were recognised to constitute an infringement of Article 9 of the Law on Competition since the possibility to learn the contents of the contracts concluded with the customers of the competitors reduced competitiveness.

In the opinion of the Competition Council the administration of the Vilnius International Airport was neither entitled to decide whether UAB RSS Motors for its operations needed a second fuel filling vehicle. By unjustifiably refusing to allot a site for storing the second fuel vehicle the administration of the Vilnius International airport restricted the possibilities of RSS Motors to operate in the relevant market since this decision limited the company‘s possibilities to expand the scope of its activities and ensure the reliability of the operations, and thus compete with the SE Vilnius International Airport. Such actions also constituted an infringement of Article 9 of the Law on Competition prohibiting the abuse of the dominant position.