The EU Court of Justice clarifies that infringements end when it is no longer possible to restrict competition regarding bid-rigging (Kilpailu- ja kuluttajavirasto)

On 14 January 2021 the Court of Justice of the European Union (“CJEU”) delivered its ruling on national reference in Kilpailu- ja kuluttajavirasto [1], a key judgment on the legal end-point of single and continuous infringements in general and bid-rigging cartels in particular. In previous decisions the CJEU has ruled that Art. 101 TFEU also applies to agreements and concerted practices that have formally ceased to be in force as long as they continue to produce their “economic effects”. This was partly interpreted to mean that a bid-rigging cartel ends with the final payment of the cartelised price or the completion of the project in question. Now the CJEU appears to have shifted from or, at least, qualified its former case law. According to the ruling in Kilpailu- ja kuluttajavirasto,

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Authors

  • Hogan Lovells (Munich)
  • Hogan Lovells (Munich)

Quotation

Christian Ritz, Hubertus Weber, The EU Court of Justice clarifies that infringements end when it is no longer possible to restrict competition regarding bid-rigging (Kilpailu- ja kuluttajavirasto), 14 January 2021, e-Competitions January 2021, Art. N° 99605

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