CASE COMMENTS: CARTELS – EUROPEAN UNION – PUBLIC TENDER – TIME LIMITATION

Public tender: The Court of Justice of the European Union holds that an infringement consisting in the concerted submission of a tender for the award of a public works contract, the performance and payment of the price for which are staggered over time, ends, in principle, at the date of signature of the contract concluded between the undertaking and the contracting authority on the basis of the concerted bid (Kilpailu- ja kuluttajavirasto)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Where do you place the cursor for the end of an infraction? This question is simple in its formulation, but not without complexity. Its answer is also not without legal consequences, in that the five-year limitation period for prosecution runs, in the case of a single and continuous infringement, from the end of the infringement (see Article 25(1) and (2) of Regulation 1/2003. On the concept of a single and continuous infringement, see, in particular, L. Idot, Réflexions sur la notion d'infraction unique et continue en droit européen de la concurrence, Concurrences n° 4-2016). Therein

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Public tender: The Court of Justice of the European Union holds that an infringement consisting in the concerted submission of a tender for the award of a public works contract, the performance and payment of the price for which are staggered over time, ends, in principle, at the date of signature of the contract concluded between the undertaking and the contracting authority on the basis of the concerted bid (Kilpailu- ja kuluttajavirasto), 14 January 2021, Concurrences N° 2-2021, Art. N° 100509, pp. 70-71

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