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What we do

We have dedicated practice groups for every area of law related to business.

Competition, Energy and Public Procurement

“The team is best known for handling public procurement, construction and EU funding issues.”
( Legal 500, Dispute resolution, 2014)

Our competition law expertise covers merger control, cartels, competition law restrictions in respect of different types of M&A and trading agreements, abuse of dominance, state aid, public procurement and utilities regulation.

Our energy and utilities lawyers have the knowledge and experience required for energy sector transactions and we advise clients from different industries on regulatory matters. We render legal advice related to CO2 emission quotas and trade in quotas, structuring of energy companies’ operations, establishing and licensing of energy companies, energy connection and supply contracts, carry out legal and tax feasibility study regarding energy efficiency measures.

We also provide assistance to state institutions, local governments and companies in respect of public procurement issues, including the drafting and negotiating of procurement agreements and documents, representing clients in disputes, etc.

Our team has also developed a substantial practice in the area of public procurement and public and private partnership (PPP) related issues.

Services:

Competition:

  • Horizontal and vertical agreements
  • Merger control
  • Abuse of dominance
  • Competition law compliance instructions and control
  • Cartels, criminal proceedings and leniency programme
  • Dawn raids and preparation
  • State aid
  • Competition law related disputes and litigation

 

 

Energy:

  • Energy and Infrastructure Projects
  • Exploration and Exploitation of Natural Resources
  • Sovereignty over Natural Resources
  • Licensing, Authorizations an Concessions
  • The Energy Charter Treaty
  • Electricity, Gas and District Heating Regulation
  • Renewable Energy
  • Implementation of EU II and III Energy Packages
  • Power Sales and Distribution

 

Public Procurement:

  • Advising and Representation of Procuring Entities
  • Advising and Representation of Tenderers
  • Assistance with Organizing Public Procurement Procedures

 

Our team’s experience includes:

Competition:

  • Advising Invest in Lithuania, a national investment promotion agency under the Lithuanian ministry of economy, on issues of potential state aid to the inbound investors into IT sector.
  • Acted for the largest farmers’ cooperative in Latvia, LPKS LATRAPS, as one of the shareholders of Latvijas Piens SIA in a complex transaction for the increase of its shareholding, within which represented the client in relation to the merger clearance from Latvian competition authority, drafted  merger notification and liaison with the Latvian competition authority.
  • Successful representation of Latvijas Pasts VAS (Latvian Post is the largest postal operator functioning in environment of free competition) in contesting a decision of the Procurement Monitoring Bureau essentially sanctioning access to Latvijas Pasts` postal network for other postal operators without the need of entering into agreement with Latvijas Pasts and at tariffs specifically reserved for the end users of universal postal service.
  • Rendered legal advice on competition issues to AS Liepājas Metalurgs and its subsidiary LSEZ AS Liepājas osta LM.
  • Advising cosmetic brand wholesaler in Lithuania on potential risks and possible course of action in relation to exclusive distributorship with one of the largest retailers of fragrances, cosmetics and skin care products in Lithuania.
  • Advising international insurance company ERGO on matters related to market concentration issues, as well as regarding horizontal agreements.
  • Representing KredEx, one of the few state guarantee financing institutions in Estonia, in several administrative court proceedings with regard to claiming back state subsidies given to undertakings to purchase of electric cars.
  • Advising every-day premise cleaning services provider in Lithuania on matters related to abnormally low price in the public procurement project.
  • Advising a major laboratory trial company in Lithuania on issues of unfair competition and prohibited agreements under Lithuanian competition law.
  • Assisting the leading market and media research company in Lithuania in the Lithuanian Competition Council against allegations of unfair competition and misleading advertising.
  • Merger notification assessment for Graanul Invest AS in acquiring shares in Latgran SIA. Latvian competition authorities confirmed our position that the transaction was exempt from notification obligation.
  • Advised major Estonia based food production holding Premia Foods AS on competition law aspects of concentration of undertakings in the transaction of sale of ice cream and frozen goods operations in the Baltics and Russia.

Energy

  • Advising Elering AS on acquiring 10% of the shares of AS Võrguteenus Valdus, the Estonian gas transmission network lead company. The transferor of the shares was SIA ITERA Latvija.
  • Advising Elering AS on acquiring 37% of the shares of the Estonian gas transmission network lead company AS Võrguteenus Valdus from Gazprom.
  • Advising a producer of biogas in Lithuania in connection to setting up a biogas production plant in Lithuania as well as in connection to licensing issues and issues of connection to gas transmission and distribution networks and sale of the produced biogas to the national gas company.
  • Assistance to a general partnership formed by three leading local energo construction companies LEC SIA, RECK SIA, EMPOWER SIA with respect to the contract on reconstruction of the Kurzeme Ring 110 kV power transmission lines in section Ventspils – Tume – Riga, reinforcing them with 330 kV line.
  • Advising Juglas Jauda SIA, the owner of third largest co-generation or combined heat and power station (burning fossil fuel) in the Republic of Latvia (the two plants that rank first and second respectively are  TEC 1 and TEC 2, CHP stations that are government owned), on day-to-day issues, acting for the client before court in civil proceedings relating to breaches committed during the construction period of the CHP station and administrative cases relating to challenging of decisions made by the Public Utilities Commission, successful representation in court proceedings against insurance company in a dispute for damage recovery.
  • Delivering legal opinion to the Ministry on Environmental Protection and Regional Development on climate change issues, especially the assigned amount units.
  • Representing a major international Finnish capital energy infrastructure construction company in a dispute concerning reconstruction of major regional Siauliai transformer substation 330/110/10 kV.
  • Advising a major Estonian state owned energy company in Estonia in preparation of electricity sales contracts.
  • Advising a German based company, which constructs wind  power stations across Europe, with respect to planning and construction of 3 wind parks in Latvia with the total capacity of 82,5 MW, including work with the land owners, drafting of lease and construction agreements, coordination of protection strips with neighbors, cooperation with municipalities, legal limitations on nature protection, environmental impact assessment, licenses and construction permits, cable route, electric substations, road-building etc.
  • Advising and representing a major company in Lithuanian energetic sector in a dispute with the Ministry of Finance of the Republic of Lithuania and the Lithuanian Business Support Agency (LBSA) regarding the decisions to reject the clients’ application for European Union funding.
  • Legal advice to Energia Verde SIA, one of a few companies that has obtained strictly limited right to sell electricity under mandatory procurement and intends to erect one of the largest combined heat and power plants using biomass in Latvia. In interests of Nordea Bank conducted a due diligence of the project and provided our opinion to the bank. Assistance during the project financing process and during further construction of the combined biomass heat and power plant.
  • Within a potential energy efficiency project performed legal assessment for the possibilities to set up the special connection (to connect a substation to a high voltage electricity supply network). The advice comprised elaboration of different financing models for the construction of the substation for the needs of a manufacturing plant, and models of ownership transfer and recovery of the construction investments.

Public Procurement

  • Advised ŠKODA VAGÓNKA AS, regarding participation in the procurement procedure for supply of 32 new trains announced by Pasažieru vilciens AS on Latvian procurement rules and in preparation of the tender documents.
  • Successful  representation of Latvijas Pasts VAS (Latvian Post is the largest postal operator functioning in environment of free competition) in contesting a decision of the Procurement Monitoring Bureau essentially sanctioning access to Latvijas Pasts` postal network for other postal operators without the need of entering into agreement with Latvijas Pasts and at tariffs specifically reserved for the end users of universal postal service.
  • Representation of the Jūrmala Town Council as contracting entity in procurement procedure for construction of the Dubulti centre for culture and education before the Public Procurement Bureau.
  • Advising Riga Municipality (RD ITC) on procurement issues in the public tender “Ensuring of cable channels for the needs of Riga Municipality”.
  • Assisting RE&RE, one of the leading Latvian construction companies, on public procurement issues.
  • Advising company offering retail trade services of motor vehicle parts and accessories Balti Bussi Group in procurement organized by Rezeknes Municipality for supply of 34 new busses, total amount of the procurement being around 4 million EUR.
  • Representing Marijampolės apskrities atliekų tvarkymo centras, a public owned waste management company, one of the biggest operators of dumps in Lithuania, in disputes concerning public procurement.
  • Advising Altum (Latvian Development Financial Institution) on public procurement issues.
  • Advising MAN Turbo and Diesel on interpretation of the Latvian Public Procurement Law.
  • Advising one of the leading European level water cleaning and energy companies on complicated legal issues pertaining to construction, operation and maintenance of slush processing property and equipment in Lithuania as well as related disputes.
  • Advising one of the major Italian high technology green energy and waste treatment construction and design companies, on construction law issues under the FIDIC Silver Book (Turn-key) Construction project, in connection to construction of the biggest hazardous waste incineration and electricity production facility in Lithuania.

Contacts

Estonia

Kai 1, 10111, Tallinn

Latvia

Kr. Valdemara str. 21, LV-1010, Riga

Lithuania

Konstitucijos av. 7, LT-09308, Vilnius

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