Judicial review of competition law decisions: an empirical study of the Lithuanian context

Abstract

Commemorating the 20th anniversary since joining the European Union (EU) (together with an obligation to enforce EU competition law), this study evaluates national judgments reviewing the Lithuanian National Competition Council’s [known as Konkurencijos Taryba (KT)] decisions during the 2004–24 period. Building on comprehensive empirical research on judicial review of the KT’s decisions, which involved employing both quantitative and qualitative methods, this article aims to capture the main trends and patterns of judicial review in the Lithuanian context, with some comparison to other small European countries. The study covers the KT’s decisions in relation to the application of Articles 101 and 102 TFEU (and domestic equivalents), pertaining not only to infringement decisions but also to settlements, commitments, as well as decisions not to launch an investigation or discontinue an investigation. The findings reveal a predominant focus on the national provisions, with only 27 per cent of appealed cases embracing the EU element. As far as the outcomes are concerned, this article notes that the administrative courts mostly confirmed the competition authority’s decisions, with any interventions being calibrated in a manner to avoid any encroachment upon the authority’s discretion, clearly upholding the concept of judicial deference.