The Madrid Commercial Court declares null and void an exclusive purchasing agreement on the basis of Art. 81.1 EC (El Mareny / Repsol)

Factual background The present judgment is a new chapter of a lengthy saga concerning agreements signed between petrol distributors and Repsol Comercial de Productos Petrolíferos, S.A. (hereinafter, “Repsol CPP”), a subsidiary of the former monopoly in the Spanish petrol sector. This saga has been widely covered in previous issues of e-Competitions (See, in particular, P. Ibáñez Colomo, “The ‘Repsol Saga' : Background Note on ‘genuine' agency agreements in Spanish Competition Law”, e-Competitions, February 2006, Volume I, n° 503). In all of these cases, petrol distributors sought annulment of the contractual relationship for an alleged breach of Article 81(1) EC. Estaser El Mareny, S.L. is a company active in the distribution of petrol at retail level, set up by D. Pablo. The origin of its

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Pablo Ibáñez Colomo, The Madrid Commercial Court declares null and void an exclusive purchasing agreement on the basis of Art. 81.1 EC (El Mareny / Repsol), 7 March 2006, e-Competitions March 2006, Art. N° 12440

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