(1)   

This decision is addressed to Repsol Comercial de Productos Petroliferos, incorporated in Madrid, Spain (hereafter Repsol CPP), a company belonging to the Repsol-YPF oil group. The subject matter of the procedure is the supply of fuel to service stations in Spain and the conclusion, by Repsol CPP, of long-term exclusive supply agreements with service stations. In its preliminary assessment, the Commission considered that the non-compete clauses in the agreements notified by Repsol CPP, and in particular in the agreements of the DODO (2), tenancy and usufruct type, raised concerns under Article 81 of the EC Treaty insofar as they might create a significant foreclosure effect on the fuel retail market in Spain.

(2)   

The Commission considers that the commitments offered by Repsol CPP are sufficient to address the identified competition concerns. In particular, Repsol CPP undertakes to offer to service stations concerned a concrete financial incentive to terminate the existing long-term supply agreements and to refrain from concluding further long-term exclusivity agreements. Further, Repsol CPP undertakes to refrain from buying independent DODO stations that it is not supplying. Accordingly, wholesale supply to a large number of service stations will be opened to competition.

(3)   

The decision finds, in view of the commitments made binding on Repsol CPP, that there are no longer grounds for action by the Commission.

(4)   

The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 27 March 2006.