The Spanish Supreme Court holds that a single-branding agreement is null and void pursuant to Art. 81.2 EC, thus applying EC competition law for the first time (Rafael/DISA and Prodalca España)

In February 1990 D. Rafael and DISA concluded a contract concerning the operation of a petrol station on premises owned by the latter and let to the former. DISA was obliged by virtue of the single-branding agreement to provide D. Rafael with petrol and other products, such as lubricants. As DISA did not fulfil its contractual obligations, D. Rafael brought an action before the Juzgado de Primera Instancia n° 7 de Las Palmas seeking to enforce the terms of the contract. Moreover, D. Rafael claimed € 6.000 per month until the petrol station would be put at his disposal. DISA claimed the nullity of the contract pursuant to Article 81(1) EC. The argument was rejected by the Juzgado de Primera Instancia de Las Palmas and, again, on appeal. The case was brought before the Spanish Supreme

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Pablo Ibáñez Colomo, The Spanish Supreme Court holds that a single-branding agreement is null and void pursuant to Art. 81.2 EC, thus applying EC competition law for the first time (Rafael/DISA and Prodalca España), 2 June 2000, e-Competitions Bulletin Exclusivity clause, Art. N° 1241

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