The Norwegian Court of Appeals upholds that a joint bid submitted under a public tender constituted an anti-competitive agreement by object (Ski Taxi / Follo Taxisentral / Ski Follo Taxidrift)

Joint bid labelled ‘by object’ infringement* Appeals court upheld decision against local taxi cooperatives’ bidding consortium In a judgment of 17 March 2015, Borgarting appeals court in Oslo upheld the Norwegian Competition Authority’s decision against two local taxi cooperatives and a jointly owned company, but reduced the fines by more than 50%. The key legal issue was whether a joint bid submitted under a public tender constituted an anti-competitive agreement by object. The authority had concluded that it did, and as a result had not proceeded to analyse the likely effects of the cooperation. The district court did not accept the by object categorisation and annulled the decision. The appeals court, however, sided with the authority and concluded that the ‘by object’ alternative

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Simen M. Klevstrand, The Norwegian Court of Appeals upholds that a joint bid submitted under a public tender constituted an anti-competitive agreement by object (Ski Taxi / Follo Taxisentral / Ski Follo Taxidrift), 17 March 2015, e-Competitions Mergers & Joint ventures, Art. N° 72314

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