The Madrid Commercial Court finds a distribution agreement to be null and void and decides that the claimant is not entitled to recover the sums paid by virtue of a contract (Aloyas / Repsol)

Repsol Comercial de Productos Petrolíferos, S.A. (hereinafter, “Repsol”) and Estación de Servicio Aloyas, S.L., S.A. (“Aloyas”) concluded on 14 March 1995 a 10-year contract concerning the distribution of oil products. The parties agreed that the contract was an agency one. The term “agent” was even used several times in the contract. Pursuant to the agreement, Aloyas agreed also to satisfy its needs in oil products exclusively from Repsol (“the single-branding clause”). As for the remuneration, it was clearly stated in the contract that the price, as well as the commission, were both set by Repsol, and that any subsequent discount should be applied to the detriment of the commission perceived by the agent. According to the contract, Repsol could

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Pablo Ibáñez Colomo, The Madrid Commercial Court finds a distribution agreement to be null and void and decides that the claimant is not entitled to recover the sums paid by virtue of a contract (Aloyas / Repsol), 15 April 2005, e-Competitions Bulletin Exclusivity clause, Art. N° 320

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