On 13 December 2021 the Senate of the Supreme Court of Justice in Latvia refused to commence cassation proceedings in relation to the cassation complaint submitted by JSC SD Autocentrs in relation to the fine applied by the Competition Council (KP) in the Volkswagen brand vehicle traders cartel case.
With it the ruling of the Administrative Regional Court comes to force, and JSC SD Autocentrs is to pay a fine of EUR 124 916.54 to the state budget for its involvement in a secret agreement, as reported by KP.
In 2014 KP concluded its decision that multiple traders part of Moller Group and engaged in distribution of Volkswagen brand vehicles in Latvia had systematically coordinated their participation in procurements organised by both private businesses and state institutions and agencies, as well as municipalities, schools (school buses), nursing homes, interior affairs institutions and others. This continued for at least five years.
Dealers would regularly inform one another about their plans in relation to procurements, asking others to no compete – not participate or not offer lower prices. Volkswagen traders were fined EUR 7.6 million for the cartel agreement.
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JSC SD Autocentrs reached a deal with KP in this case. The argument in court was about the size of the fine. Following a repeated viewing of the case, the Administrative Regional Court rejected the complaint from JSC SD Autocentrs to cancel KP’s decision in regards to the fine imposed on the company.
Refusing to comply with the aforementioned ruling, JSC SD Autocentrs submitted a cassation complaint. However, the Supreme Court’s Senate found no reasons to doubt the ruling of the Administrative Regional Court and the request to commence cassation proceedings was refused.