Amendments to the Laws on Notary and Bailiffs may limit competition, says the council | Business

The need for such amendments, according to the council, is based on the statements of the Chamber of Notaries of Lithuania about the unacceptable “tendency” of notaries to negotiate with clients on the reduction of rates, but there is no data on the scale and damage of the alleged problem, for example, whether lower rates can be associated with improperly provided services.

In the opinion of the Competition Council, the ability of notaries to reduce fees is not a problem in itself, so it is not clear what goals the amendments to the law aim at, or whether they are necessary and proportionate.

Amendments to the Law on Notaries and the Law on Bailiffs would also give more powers to the Chamber of Notaries and Bailiffs – they could make decisions that would affect the entry of new notaries or bailiffs into the market and the opportunities to operate in it.

The Ministry of Justice said it would consider the comments.

Back in 2018, the Competition Council established that the Chamber of Notaries of Lithuania unlawfully limited the competition of notaries by setting prices. The Court of Justice of the European Union explained that the chamber’s decisions, which reduce notaries’ ability to compete in terms of rates, violate competition and are against EU law.

The final decision on the legality of the Competition Council’s decision should be taken by the Supreme Administrative Court of Lithuania, which is examining the dispute.