TGS Baltic represents Ecoservice UAB against the Competition Council

13.05.2019 TGS Baltic represents Ecoservice UAB against the Competition Council

UAB Ecoservice was suspected of having concluded a collusive bidding agreement while participating in the public procurement for the purchase of municipal waste collection and transportation services.

We advised the client to admit its participation in the prohibited agreement and apply for fine reduction by proving circumstances mitigating liability. In the worst-case scenario, the Competition Council could have imposed a fine of approximately EUR 1.4 million, while actually, the Competition Council imposed a fine of EUR 601,700.

We advised the client to appeal against the Competition Council’s decision and seek an even more significant fine reduction not exceeding EUR 24,000. We argued that income related to the infringement included only income received for services which were provided in the territory in which the infringement was committed.

If the court rules in favor of the client, such a decision would constitute a new precedent regarding the calculation of fines for infringements of competition rules.

Although the Vilnius Regional Administrative Court rejected our appeal, we have submitted a further appeal to the Supreme Administrative Court of Lithuania, which is currently pending.