Vilnius, 18 June 2025 — Lithuania’s Competition Council has announced it will consider appealing a court ruling that overturned its landmark decision penalizing the Lithuanian Pharmacy Association (LVA) and eight pharmaceutical companies for alleged price-fixing in the medicines market.
The Regional Administrative Court on Tuesday sided with the LVA and the companies, rejecting the Competition Council’s 2022 finding that the parties had engaged in an illegal agreement to coordinate mark-ups for reimbursed medicines. The decision reverses fines totaling more than €72 million, which had been imposed for what regulators said was a serious breach of both Lithuanian competition law and EU competition rules.
In its judgment, the court concluded that the actions of the LVA and the companies—specifically, their participation in the legislative process and the joint submission of proposed mark-up levels—did not amount to a competition law violation. According to the court, influencing policy in this context did not cross the legal threshold into anti-competitive conduct.
Responding to the decision, the Competition Council stated it will assess the court’s reasoning before deciding whether to pursue an appeal. “The Competition Council will evaluate the arguments presented by the court and consider the possibility of appealing the decision of the court of first instance,” the agency said in a statement.
The case stemmed from a 2022 investigation in which the Competition Council found that the LVA and several pharmaceutical firms had jointly submitted coordinated proposals for mark-ups on reimbursed medicines. The Ministry of Health, lacking its own cost data from pharmaceutical companies, used these figures as a basis for official policy—figures that had been amended and approved in consultation with the LVA.
The decision was regarded as one of the most significant competition enforcement actions in Lithuania in recent years and marked a bold stance against what regulators viewed as harmful industry coordination.
If appealed, the case could move to the Supreme Administrative Court of Lithuania, potentially setting a precedent for how collaborative lobbying efforts by trade associations are treated under competition law.
