The legality of consortium agreements under competition law has been widely debated in recent years. On 27 November 2019 the Supreme Court rendered a much-anticipated judgment on this subject. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a consortium agreement between two companies regarding their joint bid on a public tender for road marking work. Facts In 2014 the Danish Road Directorate conducted a public tender for road marking work to be conducted in three districts in Denmark. It was possible to bid on one, two or all three districts. The award criterion was the lowest combined price for all three districts. Eurostar Danmark A/S and LKF Vejmarkering A/S (now GVCO A/S) were both active in the road marking business. Both
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The Danish Supreme Court renders a judgment on the legality of consortium agreements and repeals a decision between two companies regarding their joint bid on a public tender for road marking work (LFK / Eurostar)
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