LNK Industries Announces Appeal Against Builders Case Decision
AS ‘LNK Industries’ has received an unfavorable judgment from the Administrative District Court, which supports the Competition Council’s decision in the Builders case. The company is currently reviewing the court’s decision and assessing its implications. Despite this, AS ‘LNK Industries’ firmly believes the decision is without merit and plans to appeal.
Legally, the situation remains unchanged due to the appeal – the legal proceedings will continue, and the decision is not yet in effect.
The company emphasizes that the complexity of this case sets it apart from other cartel cases. It involves numerous complex legal issues that have not been previously addressed in Latvia’s legal system, where typically only the actions of specific market participants are scrutinized.
AS ‘LNK Industries’ has consistently argued, supported by other case participants, that the court’s conclusions are inconsistent with EU jurisprudence and practices observed in Lithuania.
The court’s decision also controversially states that a violation occurred in the procurement process for the construction of the University of Latvia Science Center’s second floor, despite the procurement supervisory authority, the Procurement Monitoring Bureau, confirming that the negotiation procedure involved only one bidder – a consortium including AS ‘LNK Industries.’ This procedure, by its nature, precluded any possibility of competition or collusion.
Furthermore, the judgment dismisses the expert opinion presented by AS ‘LNK Industries’ from a renowned legal scholar, who contended that secretly obtained audio recordings should not be admissible as evidence of Competition Law violations. The court maintains that the Competition Council is within its rights to use such evidence in administrative proceedings.