In 2009, the CNMC sanctioned Repsol, Cepsa and BP for indirectly fixing the retail price charged to independent petrol stations that operated under their flag. In doing so, they restricted competition between the petrol stations of their network and all the other petrol stations. This decision aimed at avoiding price fixing of the fuel in the petrol stations. The breach of a decision is sanctioned under article 62 of the Spanish Competition Act and is considered by the CNMC a very serious infringement.
On 16 March 2015, the CNMC sanctioned again Repsol for failing to conform the resale contracts and fixing fuel price. By consequence the Authority urged Repsol to change its contracts with all petrol stations of its network. However, the sanctioned company considered that, after the changes introduced by the 11/2013 Act, it was not obliged to comply with the decision. The CNMC has refused such option.
Source: CNMC
Author: Claudio Lombardi
http://clombardi Claudio Lombardi is editor-in-chief of the Antitrust Observatory. He is a postdoctoral research fellow at the Max Planck Institute for Comparative and International Private Law and at the Europa-Kolleg Institute for European Integration, Hamburg. Claudio is also a visiting lecturer at the International University College of Turin (IUC). Before joining the Max-Planck, Claudio was a research fellow at the Higher School of Economics and Skolkovo Institute for Law and Development, Moscow, where he worked, with Prof. Ioannis Lianos (UCL), on a project on competition law and policy in the global food value chain, involving the cooperation of numerous national and international institutions. Prior to joining the Institute, he was a PhD student (competition law) and tutor (in private law) at the University of Trento and a Max-Planck Institute guest researcher (MPRIV – Hamburg). Claudio was also awarded a DAAD Grant of the Europa-Kolleg Institute of Hamburg in 2013 and an Erasmus Mundus Scholarship for doctoral researchers in 2012.
You can write him at clombardi27 at gmail.com
In 2009, the CNMC sanctioned Repsol, Cepsa and BP for indirectly fixing the retail price charged to independent petrol stations that operated under their flag. In doing so, they restricted competition between the petrol stations of their network and all the other petrol stations. This decision aimed at avoiding price fixing of the fuel in the petrol stations. The breach of a decision is sanctioned under article 62 of the Spanish Competition Act and is considered by the CNMC a very serious infringement.
