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The EU Court of Justice decides that the three years of maximum exclusion for cartel members from public tenders starts to run with the decision of the investigating anti-trust authority (Vossloh Laeis / Stadtwerke München)

Exclusion of Cartel Members from Public Tenders – ECJ to Clarify Key Issues* Sanctions for participating in cartels are manifold: fines and damages are feared foremost, followed by reputation losses. Another painful consequence is often overlooked at first glance: exclusion from public tenders and hence from potentially lucrative government contracts. The EU directives on public procurement provide for various reasons of mandatory and optional exclusion grounds, and this list includes anti-competitive behaviour. Insofar contracting authorities may exclude bidders when there are sufficiently plausible indications that the bidder has entered into agreements with other economic operators aimed at distorting competition. The law opens up two routes to regain access to public tenders:

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Julian Von Lucius, The EU Court of Justice decides that the three years of maximum exclusion for cartel members from public tenders starts to run with the decision of the investigating anti-trust authority (Vossloh Laeis / Stadtwerke München), 24 October 2018, e-Competitions Bulletin January 2019, Art. N° 88752

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