We successfully defended our client – one of Latvia’s major construction companies – in a landmark case concerning alleged cartel activity among the country’s largest construction firms. The Latvian Supreme Court has ruled that information obtained through operational measures within a criminal investigation – such as covert surveillance or wiretapping – cannot be used as evidence in administrative proceedings under competition law. This judgment annuls the previous decision by Administrative Regional Court and means the case is sent back for re-examination.
About the case
The case involved several applicants appealing the decision of the Latvian Competition Council regarding the alleged cartel in the construction industry. A key argument in the appeal concerned the unlawfulness of evidence obtained during the criminal investigation and subsequently transferred to the Competition Council without proper legal basis. The Supreme Court’s judgement reinforces a critical principle: the boundaries between criminal and administrative procedures must be respected. Evidence-gathering tools designed for criminal investigations cannot simply be repurposed for competition cases. This ensures procedural fairness and protects fundamental rights – the values that underpin trust in the legal system.
Our team and involvement
“Having worked on this case for over six years, along with other colleagues, I view this as a significant milestone for competition law enforcement in Latvia. It will likely influence how authorities approach evidence collection and shape future competition law investigation strategies,” comments Sorainen Latvia office managing partner Ieva Andersone.
Sorainen supported the client by conducting in-depth analysis of Latvian and international practice regarding the use of evidence obtained in criminal proceedings for competition law matters, preparing extensive written submissions for the court, and participating in numerous hearings, among other activities.
Our dedicated team included partner Ieva Andersone, counsel Violeta Zeppa-Priedīte, and senior associates Marika Grunte and Reinis Papulis.
