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.