I. Background On July 11, 2001, the Spanish Competition Authority (Tribunal de Defensa de la Competencia [1], TDC) resolved the case in its resolution number 490/00. In it, it was decided that Repsol S.A. had engaged in a practice prohibited by Article 1.1 of the Act 16/1989 (the former Antitrust Act) and by Article 81.1. TEC (Article 101 TFEU) on the grounds that it had fixed the retail prices of fuel to its distributors who act as commissioners or agents [2]. The fine that was imposed on Repsol by carrying out such conduct was 500 million pesetas (approximately € 3 M). However, the administrative body in the dispositive part of the resolution stated that the implementation of the alleged prohibited conduct was not effectively accredited in all the other business relationships [3].

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