The company hereby informs that Panevezio statybos trestas AB have lodged an appeal to the Vilnius Regional Administrative Court against the decision No. 2S-11(2017) of the Competition Council dated 20 December 2017, whereby Panevezio statybos trestas AB had been imposed a fine in the amount of 8,513,500 EUR for an agreement presumptively restricting competition. Such decision to appeal against the decision of the Competition Council was taken after motives of the decision by the institution had been analysed. Panevezio statybos trestas AB disagrees with the principal conclusion by the Competition Council that the joint activity agreements entered between of Panevezio statybos trestas AB and Irdaiva UAB have been aimed at restriction of competition in 24 public procurements arranged by Vilniaus vystymo kompanija UAB. The joint activity agreements were required for Panevezio statybos trestas AB to pass the pre-qualification barrier set forth in the tender conditions. After assessment of the investigated tender results, the Competition Council itself acknowledged that Panevezio statybos trestas AB, acting individually, could not have been able to pass the pre-qualification stage and compete for conclusion of the contract in absolute majority of 24 public procurements investigated. Taking these circumstances into account, Panevezio statybos trestas AB maintains the position that co-operation which resulted in a possibility for the company to participate at the public procurement wherein otherwise it would not have participated, cannot be qualified as an agreement made for the purposes of competition restriction.
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