Lithuanian court overturns €1 million fine against fuel retailer Emsi

A Lithuanian court has overturned a €1.02 million fine imposed on fuel retailer Emsi for taking control of four petrol stations without prior competition clearance, challenging the regulator’s assessment of the transactions.

The Regional Administrative Court ruled on 15 October in favour of Emsi, cancelling a November 2025 decision by the Lithuanian Competition Council that found the company had breached merger control rules.

The case involved four petrol stations, two leased and two acquired by the retailer. The Competition Council had argued that the transactions required advance approval because they transferred control of operating business assets.

The court found that the regulator had not gathered sufficient evidence to establish that the petrol stations were suitable for their intended commercial use when the transactions took place. That question was central to determining whether the assets constituted businesses subject to merger control.

The Competition Council disagrees with the ruling and has announced that it will appeal to the Supreme Administrative Court of Lithuania within 30 days.

The dispute concerns an important distinction in competition law: when the acquisition or lease of individual assets amounts to taking control of an operating business. The first-instance ruling leaves the regulator’s original decision overturned, pending further judicial review.

Source: Lithuanian Competition Council
https://kt.gov.lt/lt/naujienos/konkurencijos-taryba-skus-pirmosios-instancijos-teismo-sprendima-del-degaliniu-valdytojos-emsi-neteisetai-igyvendintu-koncentraciju