CASE COMMENT : ANTICOMPETITIVE PRACTICES - CARTEL - EXCLUSIVE PURCHASING OBLIGATION - DURATION - RETAIL SALES PRICE

Exclusive purchasing obligation : The ECJ holds that an exclusive purchasing obligation of more than five years duration may be exempted if the supplier provides the distributor with the premises and the land from which contractual goods are resold and if no resale prices are imposed (Pedro IV Servicios)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Court of Justice of the European Communities, 2 April 2009, C-260/07, Pedro IV Servicios v. Total Espana Facts In 1989, a Spanish distributor had concluded several contracts with a supplier of petroleum products, providing for : a "surface right" in favour of the supplier, allowing the supplier to build a service station on land owned by the distributor. For 20 years, this service station was to be owned by the supplier and leased to the distributor. At the end of that period, the distributor was to become the owner. the commitment for the distributor, as soon as the service station is handed over to him and for 20 years, to obtain fuel exclusively

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  • University of Montpellier

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Didier Ferrier, Exclusive purchasing obligation : The ECJ holds that an exclusive purchasing obligation of more than five years duration may be exempted if the supplier provides the distributor with the premises and the land from which contractual goods are resold and if no resale prices are imposed (Pedro IV Servicios), 2 April 2009, Concurrences N° 3-2009, Art. N° 29629, www.concurrences.com

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