Open tender cooperation prohibited under the Competition Act

Supreme Court judgment of 22 June 2017, HR-2017-1229-A, (case no. 2015/1026), civil case, appeal against judgment

Ski Taxi SA, Follo Taxi SA, Ski Follo Taxidrift AS (Counsel Stephan L. Jervell) v. The state repr. by the Competition Authority (Attorney General repr. by Counsel Pål Wennerås)

Justices: Falch, Endresen, Normann, Høgetveit Berg, Utgård

Two taxi companies, which through a wholly owned subsidiary had submitted joint tenders in two tender competitions regarding purchase of patient travel, were fined under section 29 of the Competition Act for violation of section 10 of the Act. The Supreme Court upheld the fine imposed. The two companies were considered potential competitors. The tender cooperation also appeared sufficiently injurious to competition that it was a restriction of competition by object pursuant to section 10 subsection 1 of the Competition Act, cf. the EEA Agreement Article 53.

Read the whole judgment