EN

Official Journal of the European Union

C 280/26

(Case C-450/19)

(2019/C 280/35)

Language of the case: Finnish

Referring court

Parties to the main proceedings

Applicant: Kilpailu- ja kuluttajavirasto

Defendant: Eltel Group Oy ja Eltel Networks Oy

Questions referred

1.Can the system of competition established by Article 101 of the Treaty on the Functioning of the European Union (TFEU) be interpreted to mean that, in a situation in which a cartel participant has entered into a construction contract as agreed in the cartel with a player outside the cartel, the competition infringement continues, due to the economic effects caused thereby, throughout the whole period in which contractual obligations arising from the contract are discharged or payments for the works are made to the contracting parties, that is to say up until the point at which the last instalment is paid for the works, or at least up until the point at which the works in question are completed;

2.or is it to be assumed that the competition infringement continues only until the point at which the company that committed the infringement has submitted a tender for the works concerned or entered into a contract for the execution of the works?