The Lithuanian Supreme Administrative Court confirms that a co-insurance pool agreement has the effect of restricting competition and upholds the decision of the NCA to impose fines (AB Lietuvos draudimas / UAB DK PZU Lietuva)

On 20 April, 2012 the Lithuanian Supreme Administrative Court (the "Court") rejected the appeals brought by two insurance companies - AB Lietuvos draudimas and UAB DK PZU Lietuva- against the Competition Council's infringement decision (the "Decision") finding them guilty of having entered into a co-insurance agreement in violation of Article 5 of the Law on Competition and Article 101 of the Treaty of the Functioning of the European Union (TFEU) [1]. The decision is of particular importance as it has been the first time the Court had the opportunity to rule on the appropriateness and sufficiency of the test used by the competition authority in assessing anti-competitive agreements or concerted practices which have as their effect a restriction or distortion of competition. The ruling