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Case C-450/19: Judgment of the Court (Second Chamber) of 14 January 2021 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings initiated by Kilpailu- ja kuluttajavirasto (Reference for a preliminary ruling — Competition — Article 101 TFEU — Agreements, decisions and concerted practices — Manipulation of the bidding procedure — Determination of the duration of the infringement period — Inclusion of the period during which the cartel members implemented the anticompetitive agreement — Economic effects of anticompetitive behaviour — Cessation of the infringement on the definitive award of the contract)
ECLI:EU:UNKNOWN:62019CA0450
62019CA0450
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8.3.2021
Official Journal of the European Union
C 79/11
(Case C-450/19) (1)
(Reference for a preliminary ruling - Competition - Article 101 TFEU - Agreements, decisions and concerted practices - Manipulation of the bidding procedure - Determination of the duration of the infringement period - Inclusion of the period during which the cartel members implemented the anticompetitive agreement - Economic effects of anticompetitive behaviour - Cessation of the infringement on the definitive award of the contract)
(2021/C 79/12)
Language of the case: Finnish
Referring court
Parties to the main proceedings
Intervening parties: Eltel Group Oy, Eltel Networks Oy
Operative part of the judgment
Article 101(1) TFEU must be interpreted as meaning that, where an undertaking which has allegedly participated in a single and continuous infringement of that provision, the most recent constituent element of which consists in the concerted submission with its competitors of a tender for the award of a public works contract, has won the contract and concluded with the contracting authority a works contract determining the essential characteristics of that contract and, in particular, the overall price to be paid for those works, the performance and payment of the price for which are staggered over time, the infringement period corresponds to the period up to the date of signature of the contract concluded between the undertaking and the contracting authority on the basis of the concerted bid submitted by that undertaking. It is for the national court to ascertain the date on which the essential characteristics of the relevant contract and, in particular, the total price to be paid for the work, have been definitively determined.
(1)
OJ C 280, 19.8.2019.
Language of the case: Finnish
ECLI:EU:C:2021:140