The Lithuanian Supreme Administrative Court brings clearance on assessing excessive pricing under 102 Art. TFEU (Vilniaus energija)

Vilniaus energija case is an important national precedent for at least two reasons. First, it explains in which situations prices set by a dominant undertaking may be regarded as unfair (excessive). In that context the Lithuanian courts confirmed that economic analysis is needed in order to find an abuse of dominant position in the form of excessive prices. Secondly, it addresses the issue of liability of undertakings operating in regulated markets. On 6 May 2010 Lithuanian competition authority imposed a fine of LTL 178,000 (approx. EUR 51,552) on UAB Vilniaus energija for abuse of dominant position in the market for the lease of communication tunnels in Vilnius city. Factual background UAB Vilniaus energija (hereinafter – Vilniaus energija), being a provider of centralized heating