Competition Council of Republic of Lithuania : CARTELIST OF RADIOACTIVE SCRAP METAL AUCTION WILL HAVE TO PAY IMPOSED FINE

The Supreme Administrative Court of Lithuania (Court) rejected the appeal by the German company Sypra which participated in the radioactive scrap metal auction conducted by Ignalina nuclear power plant and concluded a cartel. The Court did not reduce the fine imposed on the company by the Lithuanian competition authority.

The Court confirmed a lower court judgment adopted in October 2020, according to which the fine imposed on Sypra was set and imposed properly by Konkurencijos taryba, therefore, the company's request to reduce the fine was rejected. Since the Court's ruling is final and binding, the German company will have to pay EUR 27,100 to the Lithuanian budget.

In 2018 both courts upheld the decision of Konkurencijos taryba which found that UAB Norvesta and the German company Sypra concluded a cartel agreement which resulted in sanctions. However, the Court sent the case back to Vilnius Regional Administrative Court to decide whether the size of the fine was set properly.

Konkurencijos taryba found that both firms coordinated their actions by agreeing in advance that Sypra will submit a bid of more than EUR 1.5 million and Norvesta will not bid higher therefore allowing Sypra to win the auction. Besides, Sypra helped Norvesta to make an agreement with the company engaged in radioactive waste recycling, which was one of the necessary conditions of the participation in the auction. For the infringement of the Law on Competition the companies were fined EUR 27,500 and EUR 27,100 respectively.