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Competition Law / Antitrust Law

Competition law is at the cornerstone of services provided by Spigulis & Kukainis. Spigulis & Kukainis has represented clients with regard to Competition law issues countless times before the Latvian Competition Law Authority and the European Commission Competition Law Authorities since 2004. Firm Partner Arturs Spigulis is very well known in the Latvian Competition Law Field and by Latvian Competition Law Practitioners, and has a great deal of experience with regard to mergers and receiving approval for same from the Competition Authority, as well as representing clients regarding various breaches of Competition Law.
Arturs has represented clients in competition law matteres before the European Commission, including submitting claims regarding abuse of dominant position and state aid, which continue to be reviewed today.

Spigulis & Kukainis has represented clients numerous times during Dawn Raid inspections, as well as appealing and winning seemingly hopeless cases. Spigulis & Kukainis has also participated in matters that have changed long standing precedent in various areas.

  •  Evaluation of Latvian Competition Law compliance (dominant position, vertical agreements, horizontal practices / cartels).
  •  Evaluation of European Union Competition Law compliance
  •  Examination of prohibited agreements
  •  Merger Control
  •  Evaluation of market share and market analysis
  •  Compliance Consultations – Internal policy formation and consultations (audits / training for employees) for companies approaching dominant position status
  •  Analysis of mergers and acquisitions for Latvian Competition Law compliance
  •  Private enforcement
  •  Public Enforcement
  •  Unfair competition protection and strategy consultation
  •  Examination of public procurement regulations
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Experience

2018

After 9 years of legal proceedings, the Office have achieved a positive outcome for the Client AS PKL Flote, recovering damages in the amount of EUR 1.35 million from the Riga Free Port Authority for a period while the Client could not fully work at Riga port due to the breach of competition. It is the first civil case in Latvia, where the claim for damages is based on the Competition Law.

2013

The Office successfully represented the Client in an administrative infringement case in which the Competition Council had imposed an administrative penalty on the company for failing to provide sufficient evidence in good time and failing to provide access to the information requested by the officials of the Council.

2013

The Administrative District Court satisfied the application of the Office's customers AS “Sentor Farm aptiekas”, AS “Recipe Plus” and AS “Repharm” for annulment of the Competition Council decision, which extended the binding restrictions previously imposed by the Competition Council until 01.01.2015.

2012

The Office successfully represented SIA "Corvus Company" in a dispute with SIA "Eko Osta", which, since the beginning of 2010, unjustifiably refused to extend the agreement on the acceptance of oil waste from ships. The Competition Council has identified in its decision that SIA “Eko Osta” is in a dominant position in the ship-generated oil waste treatment market at Riga Port. Similarly, the Competition Council stated in its decision that the extension of the term of the contract unduly refused by SIA “Eko Osta” infringed the prohibition of abuse of a dominant position laid down in the Competition Law.

© Spigulis & Kukainis 2018