06 08 2025
                                                                                                    
                                                                    suspected unnotified merger                                                            
                                            

                    
                                        
                        

                                                    
                                                                
                                
                                                    
                            
                                            
                    

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.





                                        

                                                                                                        
                                
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                                                                            Last updated: 06 08 2025

Emsi Under Investigation for Unreported Mergers in Lithuania

The Lithuanian Competition Council has concluded its investigation into Emsi, a petrol station network operator, regarding suspected unnotified mergers. The investigation was initiated after suspicions arose that Emsi acquired a petrol station in Vilnius in April 2024, followed by another acquisition in Maišiagala a month later.

Prior to these transactions, Antira, a company associated with Emsi, had acquired two petrol stations in Kaunas, which were then leased to Emsi in March 2024. These transactions required prior notification and clearance from the Competition Council, as they are considered mergers under the Law on Competition.

In 2023, both Emsi and the petrol stations involved had incomes exceeding 2 million euros, with a combined income surpassing 20 million euros, thus exceeding the thresholds that necessitate notification to the Competition Council. The Merger Supervision Group has proposed that Emsi violated competition law by failing to notify the Council of these mergers.

The proposed penalty for this infringement includes a fine, although the Statement of Objections is not a final decision. Emsi has the right to present its arguments both in writing and orally before the Competition Council makes a final ruling on the matter.



Emsi Under Investigation for Unreported Mergers in Lithuania

The Lithuanian Competition Council has launched an investigation into Emsi, a petrol station network operator, for allegedly executing unnotified mergers involving multiple petrol stations.