The case concerned the Danish road authorities\u2019 procurement of road marking services. In an attempt to achieve lower prices, the contracting authority divided the tender into three different contracts for various geographical areas. Tenderers could bid for one or more contracts. If a tenderer were to be awarded two or all three contracts, the tenderer could offer discounts of between five and twenty percent. The award criteria was the lowest price.<\/p>\n
In the two previous procurement procedures, all three contracts had been awarded to one supplier based on this discount scheme. In the procurement procedure in question, two Danish contractors agreed to submit a joint bid, which led to the award of all three contracts. A competitor filed a complaint, and the Danish competition authorities found that the joint bid constituted an anti-competitive agreement in breach of the competition rules. After being found not guilty in the Danish Maritime and Commercial Court, the parties were convicted by the Danish Supreme Court in a judgment handed down on November 27, 2019.<\/p>\n","protected":false},"excerpt":{"rendered":"
The ability to submit joint tenders (often called \u201cproject cooperations\u201d) is an ongoing topic of concern for suppliers in public procurement procedures. A new judgment from the Danish Supreme Court confirms that joint tendering may easily be illegal. The judgement is of relevance for both suppliers, and the contracting authorities designing the tender invitations.<\/p>\n","protected":false},"author":7,"featured_media":4613,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"template-single-long.php","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[42],"tags":[],"class_list":["post-6198","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business-law"],"acf":[],"yoast_head":"\n