However, the Latvian Competition Council has concluded that the influence of AS Augstsprieguma tīkls based on the majority of votes in AS Conexus Baltic Grid shall not be considered as lasting and permanent, which is a prerequisite for recognizing of the actual decisive influence of a company over another company. At the same time, the Latvian Competition Council assessed whether the acquisition of such a decisive influence in the future could be detrimental to competition.
This is a unique and landmarking case, in which the possible consequences of obtaining actual (de facto) control in the future are assessed even before obtaining lasting and permanent control, which is a prerequisite for recognizing of actual (de facto) decisive influence of a company over another company.
On 13 December 2018, the Latvian Competition Council authorized the merger in case of the potential acquisition of decisive influence in the future.
TGS Baltic team was led by Partner Andra Rubene and Senior Associate Māra Stabulniece, as well as supported by Legal Assistant Mārtiņš Galzons.
For more information in the Latvian language, please refer to https://www.kp.gov.lv