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New Amendments to Competition Law Enhance Support for Public Procurement Loss Assessment

26.12.2024 | 🇱🇻 Latvian competition authority

As of December 26, 2024, amendments to the Competition Law empower the Competition Council to provide methodological support to public procurers in assessing losses caused by competition law violations.


On December 26, 2024, significant amendments to the Competition Law came into effect, introducing a new role for the Competition Council (KP) in assisting public procurers with the identification and evaluation of losses resulting from breaches of competition law.

The KP will now offer consultations on loss assessment calculations and the selection of calculation methods, as well as provide advisory support for public procurers preparing claims for damages in court.

This new function will be distinctly separated from the administrative processes involved in investigating competition law violations, thereby mitigating potential conflicts of interest. The KP will only analyze information submitted by public procurers, and its opinions, calculations, and consultations will be advisory in nature. Notably, the KP chairman will not participate in the substance of these opinions.

Juris Gaiķis, the chairman of the KP, emphasized that recovering losses is a significant victory for public procurers against unfair supplier practices, which have adversely affected both procurers and consumers through increased final product prices. He urged any public procurer who has suffered losses due to unfair competition law violations to approach the KP for effective assistance in navigating the claims process.

Data from a public opinion survey conducted by the KP in 2024 revealed that only 18% of public procurers had considered pursuing claims for losses due to competition law violations, despite 62% being aware of such options. Consequently, the KP will actively monitor public procurers' interest and engagement in seeking methodological support for loss assessment, with the first year of the amendments focusing primarily on educating public procurers. To facilitate compliance with the new legal provisions, the KP will publish guidelines on loss recovery assessment and the fundamental principles of cooperation between the KP and public procurers.

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