The Dutch Supreme Court confirms that extending the nullity coming from an exclusive purchase clause to the entirety of an agreement would lead to undertakings in the filling station sectors to lose all of their rights under the exploitation agreement (BP / Benschop)

Case summary An exploitation agreement for a filling station contained an exclusive purchase clause which infringed Article 6 Dutch Competition Act, the national equivalent of Article 101 TFEU. The Court of Appeal decided that only the exclusive purchase clause was void; the voidness did not extend to the entire agreement. The Court of Appeal considered that extending the nullity to the remainder of the contract would mean that the operators of the filling station would lose all their rights under the exploitation agreement. According to the Court, this would not do justice to the

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Caroline Cauffman, The Dutch Supreme Court confirms that extending the nullity coming from an exclusive purchase clause to the entirety of an agreement would lead to undertakings in the filling station sectors to lose all of their rights under the exploitation agreement (BP / Benschop), 20 December 2013, e-Competitions December 2013, Art. N° 68815

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