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Determining the End of an Infringement of Article 101(1) TFEU in Bid-Rigging Cartel Cases (C-450/19 Kilpailu- ja kuluttajavirasto)

Justin Lindeboom


Keywords: Article 101(1), bid-rigging, cartel

Case C-450/19 Kilpailu- ja kuluttajavirasto, Judgment of the Court of Justice (Second Chamber) of 14 January 2021
The Court of Justice held that a bid-rigging cartel ceases to infringe Article 101(1) TFEU once the contracting authority and the undertaking that was involved in the cartel and that subsequently won the contract sign that contract. Once the essential characteristics of the relevant contract and, in particular, the total price to be paid for the work, have been definitively determined, the bid-rigging cartel ceases to infringe Article 101(1) TFEU because the contracting authority is no longer able to obtain the goods, works or services in question under normal market conditions.

Justin Lindeboom is a Fulbright Scholar at Harvard Law School and an Assistant Professor of Law at the Faculty of Law of the University of Groningen. For correspondence: <>.


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