Public hearing on guidelines on joint bidding

The Danish Competition and Consumer Authority has published the draft version of the guidelines ”When companies bid jointly – guidelines for joint bidding under competition law” for public hearing. These guidelines will replace the previous guidelines “Joint bidding under competition law”.

Especially three changes in the draft should be highlighted:

• The Supreme Court’s judgment in the Danish Road Marking case and the legal precedent, which the Supreme Court established in the judgment, have been incorporated in the guidelines.
• The guidelines have a new section referring to the Danish Competition and Consumer Authority’s order of priorities.
• New and additional practical examples have been incorporated.

The final guidelines in Danish are to be approved by the Competition Council and published by the Danish Competition and Consumer Authority as an independent competition authority. This English version will however be unofficial. Responses to the public hearing of the guidelines can be send to she@kfst.dk until 20 May 2020.

The Danish Competition and Consumer Authority has prepared the draft version for the new guidelines following the Supreme Court’s judgment in November 2019, where the Supreme Court found, that the so-called Road Marking Consortium was illegal. The Supreme Court reached the same result as the Competition Council and the Danish Competition Appeals Tribunal.

For more information

Contact Head of Communication in the Danish Competition and Consumer Authority, Hanne Arentoft, phone 41 71 50 98.

Links

• Draft version for the guidelines on “When companies bid jointly – guidelines for joint bidding under competition law”
• The Supreme Court’s judgment in the Danish Road Marking Case