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Lithuanian Court Upholds Competition Council's Findings Against Notaries

15.11.2024 | 🇱🇹 Lithuanian competition authority

The Supreme Administrative Court of Lithuania upheld the Competition Council's decision that the Lithuanian Chamber of Notaries restricted competition among notaries, violating both national and EU competition laws.


The Supreme Administrative Court of Lithuania confirmed the Competition Council's findings that the Lithuanian Chamber of Notaries restricted competition among notaries, breaching both national Competition Law and the Treaty on the Functioning of the European Union (TFEU). The Court upheld the fine on the Chamber but annulled the financial penalties on individual Presidium members.

The Competition Council's investigation in 2018 found that the Chamber of Notaries and its Presidium members engaged in anti-competitive behavior by setting notary fees and their calculation methods, leading to fines being imposed. The Court's decision highlighted the evolving perspective on notarial activities concerning competition law in Lithuania, aligning with EU principles.

The Court clarified that notaries are considered 'undertakings' under EU law when performing certain economic activities, emphasizing that they should not standardize fee calculations to avoid restricting competition. The ruling emphasized that notaries should have discretion in setting fees and that attempts to regulate pricing collectively are anti-competitive.

The Chairwoman of the Competition Council welcomed the Court's decision, stating that it reinforces the importance of competition in the notarial services market and ensures consumer access to these services under competitive conditions. The Court's ruling is final and cannot be appealed.

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