Vilnius, July 16, 2025 — Lithuania’s Competition Council has filed an appeal with the Supreme Administrative Court, challenging a recent lower court decision that overturned fines imposed on the Lithuanian Pharmacy Association (LVA) and several pharmaceutical companies for alleged anti-competitive conduct.
In 2022, the Council found that the LVA and eight pharmaceutical firms had coordinated to submit agreed-upon mark-up calculations to the Ministry of Health during the setting of medicine prices. The Ministry ultimately approved the mark-ups, which the Council said were shaped by collusive input, in breach of Lithuanian and EU competition rules.
However, in June 2025, the Regional Administrative Court ruled that the companies’ actions did not violate competition law, arguing they occurred as part of a legislative process—not market conduct. The Council disputes this interpretation, insisting that the companies’ influence over the mark-up regulations distorted competition and should not be shielded by their involvement in policymaking.
The original decision imposed more than €72 million in fines. The appeal sets the stage for a pivotal ruling on the limits of legitimate lobbying and the enforcement of competition law in regulatory contexts.
