The Lithuanian Competition Council has fined gas station network operator Emsi €1,022,170 for violating competition law by expanding its network without obtaining prior approval from the authority. The company was found to have taken control of four gas stations—two leased and two purchased—without the required merger clearance.
According to the Council’s findings, Emsi implemented two separate concentrations in 2024. In March, it leased two gas stations in Kaunas (on T. Masiulio Street and Vandžiogalos Road) from the related company Antira, which had itself acquired them just four days earlier from Tubus. This arrangement effectively transferred control of the stations to Emsi through Antira. A second concentration occurred in April and May, when Emsi acquired one gas station on Kirtimų Street in Vilnius from Takuras and another in Maišiagala, Vilnius district.
Under Lithuanian competition law, both lease and purchase agreements involving gas stations require prior notification and authorization, as each gas station is considered an independent economic unit with its own market turnover. The combined revenue of Emsi and the acquired gas stations exceeded the statutory thresholds—€2 million for each party in Lithuania and €20 million in total—triggering the obligation to seek clearance. Despite being informed of this requirement before the investigation began, Emsi failed to comply.
“Merger control is a vital tool for safeguarding effective competition,” said Jolanta Ivanauskienė, Chairwoman of the Competition Council. “Our experts evaluate whether proposed transactions could significantly reduce competition. Even the acquisition of a single gas station can have substantial effects, given the local nature of these markets. We encourage companies to consult with the Council if they are unsure whether a transaction requires prior approval.”
The Council concluded that Emsi had implemented two concentrations without notification or authorization. It imposed two separate fines—€545,160 and €477,010—and ordered the company to remedy the infringement within three months. Emsi must either file merger notifications for approval or take measures to restore the pre-transaction market conditions.
While competition law allows fines of up to 10% of a company’s annual global turnover for unauthorized mergers, the penalties imposed on Emsi represent less than 0.3% of the group’s 2024 global revenues. The Council also terminated related proceedings against Antira.
Emsi has the right to appeal the decision to the Regional Administrative Court within one month of its notification or publication on the Competition Council’s website.