The Spanish Commercial Court in Madrid applies the de minimis doctrine to a 3% market share (Galp)

On September 3, 2007, a Spanish Commercial Court (Juzgado de lo Mercantil) based in Madrid rejected the claim filed by two service station operators against their supplier, Galp Energía España, S.A. (Galp). The two service station operators had held that some of the clauses within the agreements they had concluded with Galp violated Article 81 of the EC Treaty. This is an important judgment for one major reason. The Commercial Court held that the agreement concerned was de minimis on the ground that Galp only had a 3% share in the market for the

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