A Spanish Court declares null and void on the basis of Art. 81.1 EC a “non-genuine” agency agreement involving price-fixing and concluded for a period exceeding 10 years (Clau / Cepsa)

Compañía arrendataria del monopolio del petróleo, S.A. (hereinafter, “Campsa”) and Clau, S.A. “Clau”) concluded in December 1988 a series of agreements concerning the distribution of oil products. Clau decided to grant a “droit de surface” (“derecho de superficie”) of a piece of land it owns so that Campsa could build a gas station on it. The gas station was subsequently hired to Clau by Campsa for a period of 30 years. The two undertakings also included in the latter contract an exclusive purchasing obligation for the distribution of Campsa's oil products. As far as Campsa is concerned, the contractual obligations were later assumed by Cepsa in

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Pablo Ibáñez Colomo, A Spanish Court declares null and void on the basis of Art. 81.1 EC a “non-genuine” agency agreement involving price-fixing and concluded for a period exceeding 10 years (Clau / Cepsa), 10 June 2004, e-Competitions June 2004, Art. N° 353

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