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Andra Rubene comments taking of the decisions of the Latvian Competition Council after expiry of the final deadline set by law, “Dienas Bizness”

Andra Rubene

In the 26 July 2013 article “Bureaucratic battles with the Competition Council” in newspaper “Dienas Bizness”, when commenting taking of the decision of the Latvian Competition Council (the Competition Council) on a cartel of 26 energy builders after the deadline, partner of Tark Grunte Sutkiene Andra Rubene indicates that the discussion on delay of the deadlines for taking of the decisions of the Competition Council is valid and necessary. The decision of the Competition Council that has been taken after the deadline is not invalid; however, such decision is disputable due to violation of applicable procedural norms. At the same time not all procedural violations are recognised as significant basis for repeal of the disputed decision as such. In accordance with the case law an obstacle that the institution has unjustifiably delayed taking of a decision shall be evaluated from the aspect whether thereby the decision less favourable to private person has been taken than it would have been if taken by the due deadline.