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Denmark: ”Largest fine ever imposed in a competition case - Construction company pays fine in settlement for bid rigging”

On 3 November 2014, the Danish construction company Elindco Byggefirma A/S entered into a settlement with the Danish Public Prosecutor for Serious Economic and International Crime for infringing section 6 of the Danish Competition Act.

The infringement concerned 12 cases of bid rigging in which the company exchanged information on prices and other terms. In some cases the company entered into agreements with its competitors on the allocation of calculation costs.

The infringements took place in the period from 2007 until 2009.

Elindco Byggefirma A/S accepted to pay a fine of DKK 10 million (€ 1.333.333) and one person from the management accepted to pay a fine of DKK 25.000 (€ 3.333).

The fine to the company is the largest fine ever imposed in a Danish competition case.

After carrying out dawn raids in 2010, the Danish Competition and Consumer Authority notified the police about the infringements later in 2010. Shortly after, the Danish Competition and Consumer Authority assisted the police in searches of a number of companies in the construction industry. Police investigation has since led to charges of 28 companies, all of which are suspected of bid rigging. N.H. Hansen & Søn – another Danish construction company – was the first of the 28 charged companies in the construction industry cartel whose case was settled with a fine of DKK 2.2 million (€ 293.333) in July 2014. Elindo Byggefirma is now the second company in the construction industry cartel whose case gets settled.