Traduction de «accord de répartition du marché » (Français → Anglais) :

Annuls Article 1 of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen Spain) in so far as it finds that Galp Energía España, SA, Petróleos de Portugal (Petrogal), SA, and Galp Energia, SGPS, SA were involved in a complex of agreements and concerted practices in the Spanish market for bitumen, to the extent that that complex includes (i) the system for monitoring the implementation of the market sharing and customer-allocation arrangements and (ii) the compensation mechanism to correct deviations from the market-sharing and customer-allocation arrangements;

Annuls Article 3 of Decision C(2007) 4441 final in so far as it requires Galp Energía España, Petróleos de Portugal (Petrogal) and Galp Energia, SGPS to bring to an end the infringement as found in Article 1 of that decision and to refrain from repeating any act or conduct described in that article or having the same or similar object or effect, to the extent that that infringement includes (i) the system for monitoring the implementation of the market-sharing and customer-allocation arrangements and (ii) the compensation mechanism to correct deviations from the market-sharing and customer-allocation arrangements;

The provisions of this Regulation shall, in the field of transport by rail, road and inland waterway, apply both to all agreements, decisions and concerted practices which have as their object or effect the fixing of transport rates and conditions, the limitation or control of the supply of transport, the sharing of transport markets, the application of technical improvements or technical cooperation, or the joint financing or acquisition of transport equipment or supplies where such operations are directly related to the provision of transport services and are necessary for the joint operation of services by a grouping within the meanin ...[+++]g of Article 3 of road or inland waterway transport undertakings, and to the abuse of a dominant position on the transport market.

Joint purchasing arrangements may lead to restrictive effects on competition on the purchasing and/or downstream selling market or markets, such as increased prices, reduced output, product quality or variety, or innovation, market allocation, or anti-competitive foreclosure of other possible purchasers.

(165) Quite apart from the inherently very serious nature of any market-sharing or price-fixing agreement, the following factors are relevant to the Commission's assessment of the gravity of the infringement:

188. Environmental agreements come under Article 81(1) by their nature if the cooperation does not truly concern environmental objectives, but serves as a tool to engage in a disguised cartel, i.e. otherwise prohibited price fixing, output limitation or market allocation, or if the cooperation is used as a means amongst other parts of a broader restrictive agreement which aims at excluding actual or potential competitors.