The EU Court of Justice decides that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the parties are determined (Eltel)

When Is Participation In A Bid-Rigging Cartel Deemed To Have Ceased To Exist?* On 14 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the “successful” tenderer and the contracting (public) authority are determined (C-450/19 – Kilpailu- ja kuluttajavirasto, ECLI:EU:C:2021:10). This has a major impact on the limitation period, which generally starts to run on the day following the day on which the infringement was committed. In this article, I will briefly analyse this issue as addressed by the Finnish courts and the CJEU’s decision, followed by a comparison with Czech case law. Finally, I will also focus on the private enforcement of competition law and its

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Author

  • Nedelka Kubáč advokáti (Prague)

Quotation

Patrik Albrecht, The EU Court of Justice decides that participation in a bid-rigging cartel ends when the basic characteristics of the contract between the parties are determined (Eltel), 14 January 2021, e-Competitions January 2021, Art. N° 99465

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