Court of Justice rules on period of infringement in bid rigging

 

Court of Justice rules on period of infringement in bid rigging

In the case of an alleged single and continuous infringement under Article 101 TFEU involving bid-rigging, the period of infringement ends when a contract is signed with the party that put out the tender.

The Court of Justice considered that the restrictive effects on competition of bid-rigging end at the latest when the essential characteristics of the tender, and in particular the overall price to be paid, have been definitively determined when the contract is finally awarded to the successful bidder.

Ultimately, the referring court must verify the date on which the “essential characteristics” of the contract in question” were definitively determined.

As the period of the infringement is a relevant factor when determining penalties, the judgment is a useful clarification on this point.  The Court of Justice has emphasised that it is “really the conduct” of the parties that determines the end of the infringement.

Case C-450/19, ECLI:EU:C:2021:10