ECN Brief

joint bidding

joint bidding

The Danish Competition Appeals Tribunal confirms that consortia agreement between two road-contractors was illegal

On 11 April 2016, the Danish Competition Appeals Tribunal upheld a decision by the Danish Competition Council (DCC) of 24 June 2015.

The DCC had found that LKF Vejmarkering A/S (“LKF”) and Eurostar Danmark A/S (“Eurostar”) had infringed Section 6 of the Danish Act on Competition and Article 101 TFEU by submitting a joint bid through a consortium in a tender for road marking in Denmark.

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The Danish Competition Council decides, that consortia agreement between two road-contractors is illegal

On 24 June 2015 the Danish Competition Council has issued a decision finding that LKF Vejmarkering A/S (LKF) and Eurostar Danmark A/S (Eurostar) have infringed Section 6 of the Danish Competition Act and article 101 TFEU by entering into a consortium, while being actual or at least potential competitors in the market for road marking. The Danish Competition Council has ordered the undertakings to end the infringement immediately and to refrain in the future from any action having the same or similar object or effect.

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