The Danish Competition Council holds that a consortium which won a public tender was anti-competitive by object (LKF / Eurostar)

A consortium turned out to be a cartel* In a landmark decision taken on 24 June 2015, the Danish Competition Council (DCC) held that a consortium which won a public tender was anti-competitive by object. In following the Danish Competition and Consumer Authority’s (DCCA) recommendation, the DCC labelled the consortium as a pricing agreement and a market sharing agreement. The approach taken in the decision would make it very difficult for companies to assess whether a contemplated consortium acts in compliance with competition law. The case concerns two companies offering road markings; LKF Vejmarkering and Eurostar. In 2014 the companies entered a consortium agreement (DVK) allowing them to bid as a consortium in a public tender issued by the Danish Road Agency. The only award