The Spanish Supreme Court declares that the “atypical agency agreements” between oil companies and Spanish petrol stations come within the scope of Art. 81.1 EC and national mirror provision, after having requested ECJ preliminary ruling (CEEES / CEPSA)

[1] On 4 May 1995, the Spanish Confederation of Service Station Businesses (“CEEES” in its Spanish initials) filed a complaint with the Servicio de Defensa de la Competencia (Lowest branch of the Spanish competition authority), against certain oil companies, including CEPSA. The CEEES complained that the agreements concluded in 1992 between CEPSA and a number of petrol stations originally entitled ‘fixed purchase contracts' and subsequently amended to become ‘sales guarantee commission arrangements' and/or ‘agency contracts' , had the effect of restricting competition. These agreements involved an obligation for the petrol stations within the CEPSA network to buy all their products from CEPSA and to resale each category of products at a given price. The Servicio de Defensa de la

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Aitor Montesa Lloreda, Angel Givaja Sanz, The Spanish Supreme Court declares that the “atypical agency agreements” between oil companies and Spanish petrol stations come within the scope of Art. 81.1 EC and national mirror provision, after having requested ECJ preliminary ruling (CEEES / CEPSA), 4 May 2007, e-Competitions May 2007, Art. N° 14183

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