Vilnius, January 29, 2026 — Lithuania’s Supreme Administrative Court (LVAT) has refused to suspend the obligations imposed on fuel retailer Emsi by the competition authority, meaning the company must continue complying with remedial measures linked to the acquisition of control over four petrol stations without prior clearance.
In a ruling dated January 28, the court upheld an earlier decision of the Regional Administrative Court rejecting Emsi’s request to temporarily halt the implementation of the authority’s obligations while judicial proceedings continue.
The court held that Lithuanian law grants the Konkurencijos taryba broad powers to require undertakings to terminate unlawful conduct, restore the previous competitive situation or otherwise eliminate the effects of an infringement. These powers include ordering companies to terminate, amend or conclude contracts and setting deadlines and conditions for compliance.
The judges found that Emsi failed to demonstrate that immediate compliance with the obligations would cause irreparable or difficult-to-repair harm of significant magnitude.
Earlier this year, the Konkurencijos taryba extended until May 6 the deadline for Emsi to remedy the identified infringements. The company is required either to submit notifications covering the implemented concentrations and obtain the authority’s approval or to take alternative measures restoring the previous situation or removing the effects of the breaches.
To allow the authority sufficient time to assess the concentration filings and adopt final decisions before the extended deadline expires, Emsi must submit complete and legally compliant notifications by March 2.
The case stems from a decision adopted on November 4, 2025, in which the authority concluded that Emsi had acquired control over four petrol stations without prior approval — two through lease agreements and two through acquisitions. As a result, the company was ordered to terminate the infringements and was fined a total of EUR 1,022,170 (approximately $1.2 million).
Although Emsi has appealed that infringement decision, the court confirmed that the company must comply with the authority’s obligations without waiting for a final judgment on the merits.
