The Competition Council found that Enefit violated the Law on Competition by taking over EGTO Energija's retail contracts without notifying the Authority or obtaining permission.

An investigation revealed that Enefit failed to report a concentration that took place in September 2023, as required by the Competition Council. The notification was only made after the institution requested explanations from the companies.

Both companies involved in the transaction had revenues exceeding the thresholds set by the Law on Competition, making the unnotified merger a serious infringement. Enefit admitted the violation, leading to a reduced financial penalty of EUR 86,510.

The Chairwoman of the Competition Council emphasized the importance of following the ex-ante merger control mechanism to prevent negative impacts on competition, market structure, and consumers. Ignoring the notification and clearance process is considered a significant breach of competition law.

Businesses are reminded of the necessity to comply with merger control procedures, even when seeking quick transaction closures. Companies can approach the Competition Council for permission to proceed with individual merger actions, as highlighted by Jolanta Ivanauskienė.

The decision of the Competition Council can be challenged at the Regional Administrative Court within one month of its delivery or publication.