Sorainen represented a client operating in the field of passenger carriage by road in preparing a complaint to the Competition Council. Initiatives are now under way in respect of acts and omissions by the Ministry of Transport and Communications and the State Road Transport Inspectorate which have effectively closed the market in long-distance passenger transport.
Over time, these authorities have awarded long-distance passenger transport contracts only to a few particular undertakings – but no public tenders have been arranged. This conduct leads to a market closure effect and can likely be considered a violation of the Law on Competition, which expressly prohibits public bodies from adopting legal acts or other decisions which grant privileges to or discriminate against any entities.
Sorainen prepared the complaint to the Competition Council by providing a comprehensive analysis of the market closure effect, also by submitting fully grounded reasons for finding a contradiction with EU law requirements. As a result of discussion with the Competition Council and submission of clear and firmly grounded arguments, the authorities immediately initiated amendments to the Code of Road Transport.
New legislation to be adopted by the Parliament in the nearest future is expected to enable the client (as well as other similar companies) to enter the long-distance passenger transport market by participating in transparent and competitive procedures. Market opening is also of significant importance to customers, who will benefit from lower prices due to increased competition in the passenger carriage market.
The client was represented by partner Daivis Švirinas and associate Stasys Zelenekas.