MERGERS: AMO granted an exemption from the prohibition to implement a merger in the petrol station sector

AMO has granted the undertaking OMV Slovensko, s.r.o., an exemption from the prohibition to exercise rights and obligations arising from a merger.

On 8 February 2024, the Antimonopoly Office of the Slovak Republic (AMO) issued a decision granting the undertaking OMV Slovensko, s.r.o., (OMV Slovakia) an exemption from the prohibition to exercise rights and obligations arising from a merger. It is grounded in the acquisition of direct exclusive control of OMV Slovakia over 27 petrol stations of the brandname Benzinol (OMV/Benzinol merger).

The effects of the OMV/Benzinol merger on competition are being assessed by AMO in a separate administrative proceeding that is currently ongoing. In the course of the proceeding, OMV Slovakia requested for the possibility to perform certain actions related to the merger even before AMO decides on it.

AMO concluded that the conditions for the possibility of granting such an exemption are met. On one hand, it took into consideration the justification of request in the context of scope and necessity of actions for which OMV Slovakia requested for the exemption. On the other hand, it took into account the stage of administrative proceeding in the matter of the OMV/Benzinol merger and the fact that the required actions do not apply to those petrol stations, in relation to which the closer analysis of impacts of merger is underway.

The proceeding on granting an exemption from the prohibition to implement a merger is a barely-used institute in the practice of AMO. This results mainly from the necessary fulfillment of conditions for applying for such an exemption. Details about the institute can be found in AMO´s Guidelines (PDF, 393 kB) on the details of granting an exemption from the prohibition on the implementation of merger (available only in Slovak language).

The decision came into force on 16 February 2024.