Tark Grunte Sutkiene has successfully represented UAB Senojo Boksto Klinika in the court of first instance and in the appellate court in an unfair competition dispute with Svalbono Klinika UAB, V.S. and UAB Valdimara.
According to TGS, "the dispute between two heath care institutions arose regarding actions of unfair competition, which were performed by Svalbono Klinika UAB together with V.S., the former head of UAB Senojo Boksto Klinika who headed it for many years, and by reason of which UAB Senojo Boksto Klinika lost most of its patients, a part of financing from a Territorial Health Insurance Fund, and had to search for new employees and to develop services of the secondary level from the beginning."
The court of first instance satisfied 2/3 of the claimant’s claims. The court concluded that the respondents had unlawfully solicited most of the employees and patients of UAB Senojo Boksto Klinika by using a misleadingly similar name and ruled that data about patients is to be treated as the claimant’s trade secret.
The appellate court upheld the conclusions of the court of first instance regarding the unlawful actions and causal relationship and partially reversed the judgement of the court of first instance for the benefit of the claimant regarding assessment of the incurred damages, satisfying the claimant’s statement of claim almost in full.
According to TGS, "the complexity of the case was determined by the fact that the case involved settlement of complicated competition law, health care and personal data protection, indemnification and tax law issues. The court of first instance had ordered an expert examination for establishing the damage and its causes. The conclusion of the court expert examination was very unfavorable for the claimant as the court expert in fact made a conclusion that the claimant did not have any right to indemnification. The claimant, in turn, presented two private expert examinations performed by auditors and additional conclusions, refuting conclusions of the expert appointed by the court and confirming that UAB Senojo Boksto Klinika suffered damages caused by the respondents’ actions. Both the court of first instance and the appellate court, in assessing damages suffered by the claimant, referred to evidence presented by the claimant. The appellate court admitted that the court expert examination had no stronger proving power than any other evidence presented by the parties and it had to be evaluated in the context of all evidence. In addition, the court indicated that the court expert could not pronounce on circumstances that made the merits of the case, evaluation of which belonged only to the court competence."
The Tark Grunte Sutkiene team consisted of Partner Robertas Degesys, Associate Partner Rasa Zasciurinskaite, and Senior Associate Dovile Armalyte.