The Antimonopoly Committee of Ukraine (AMCU) examined a case regarding violations of the legislation on economic competition protection, which involved the concentration of LLC "Euro Smart Power." The violation pertained to the leasing of assets in the form of a single property complex—a gas station owned by SUN LLC "Kersher," which was part of the Glusco structure—without prior mandatory approval from the AMCU.
As part of the investigation into compliance with concentration control legislation, the Committee analyzed cases of possible leasing of gas stations from the Glusco network by entities operating under the brands WOG, KLO, BRSM-Nafta, and others. During the inspection, it was found that in 2021, SUN LLC "Kersher" leased (for a fee) a gas station in Kyiv to LLC "Euro Smart Power." This concentration occurred without the necessary agreement with the AMCU, which could have impacted the competitive landscape in the market.
According to the legislation, concentration is defined as the acquisition of control by one or several business entities over other entities or their parts. This can occur through acquisition, leasing, rental, concession, or other methods of obtaining assets, particularly in the form of a single property complex or structural unit.