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The Spanish Competition Authority states that the “atypical agency agreements” between oil companies and petrol stations come within the scope of Art. 81.1 EC and national mirror provision (CEPSA)

It is rare that the eight members of the Tribunal de Defensa de la Competencia (highest branch of the Spanish Competition Authority) express four different views on one single case. However, that happened in the 2001 CEPSA case (TDC's decision of 30 may 2001 in case 493/00). One of those views was held by four members and it became the TDC's official decision. But this decision had an inconvenient annex; the totally or partially dissenting opinions of four other members. The case originated in April 1999. An association of petrol stations lodged a complaint against CEPSA -Spain's second biggest oil company-. The association held that CEPSA had infringed article 1 (1) of the then in force Spanish Competition Act (Act 16/1989), which mirrors article 81 EC. As a result of this complaint

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Aitor Montesa Lloreda, Angel Givaja Sanz, The Spanish Competition Authority states that the “atypical agency agreements” between oil companies and petrol stations come within the scope of Art. 81.1 EC and national mirror provision (CEPSA), 30 May 2001, e-Competitions Bulletin May 2001, Art. N° 20063

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