PETROL STATION NETWORK OPERATOR EMSI SUSPECTED OF VIOLATING COMPETITION LAW

The Competition Council has completed its investigation into the suspected implementation of unnotified mergers and has sent the Statement of Objections to the petrol station network operator Emsi.

The Merger Supervision Group initiated the investigation on the basis of suspicions that Emsi acquired a petrol station in Vilnius in April 2024, followed by another petrol station in Maišiagala, Vilnius district, a month later. Prior to these transactions, Antira, a company related to Emsi, acquired two petrol stations in Kaunas, which were subsequently leased to Emsi in March 2024.

These acquisitions and leasing agreements required prior notification and clearance from the Competition Council. According to the relevant case law, a petrol station is considered an independent economic unit generating economic benefits – a specific asset for which a corresponding market turnover can be attributed. The acquisition of control over such assets, whether through ownership or long-term lease, qualifies as a merger within the meaning of the Law on Competition.

In 2023, the income of each party to the transaction – Emsi and the petrol stations it acquired – exceeded 2 million euros in Lithuania, with their combined income surpassing 20 million euros. These figures exceed the thresholds set out in the Law on Competition, which require the acquirer to notify the Competition Council in advance so that the institution can assess the potential impact of the planned acquisitions on competition.

The Merger Supervision Group proposes to acknowledge that Emsi violated the Law on Competition by implementing the mergers without notifying the Competition Council. For this infringement, it is proposed that the company be fined in accordance with the law.

After having considered the evidence collected and the assessment carried out by the Authority's investigators, the parties have the right to submit their arguments to the Council in writing and orally at the hearing before the Competition Council issues the final decision on the possible infringement. 

The Statement of Objections does not constitute a final decision of the Competition Council and in no way restricts the right of the Competition Council to arrive at a different conclusion in the final decision than that proposed in the Group's Statement.