The Dutch District Court in Rotterdam sets aside the Competition Authority’s decision for failing to demonstrate that the alleged parallel behaviour of the appellants in the motor fuel sector amounted to horizontal agreements or concerted practices (Texaco gas stations)

The appellants, [X], [Y], [Z] and [W] appealed to the District Court of Rotterdam against Decision No. 03/2527 taken by the Dutch Competition Authority (DCA) on 25 June 2002. The decision was taken under Section 6 paragraph 1 of the Dutch Competition Law Act 1998 (DCLA) which prohibits agreements between undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within the Netherlands market. In the Decision the DCA concluded that the appellants had infringed the prohibition contained in Section 6 paragraph 1 DCLA by entering into horizontal agreements or concerting their behaviour on the relevant market with the intention to impede access to the market for competitor [V]. A penalty of € 25 000 was imposed on applicant