Supreme Court follows EFTA Court ruling, but on different grounds
In a landmark judgment, Norway’s Supreme Court has ruled that joint bids submitted by two local taxi cooperatives for public contracts were anti-competitive ‘by object’. Since the two cooperatives could have bid separately for the contracts, they were considered as potential competitors.
The court unanimously held that no assessment was necessary of the likely effects of the parties’ choice to team up and bid jointly. Subject to the narrow exception for efficiencies – under the national provision corresponding to Art 101(3) TFEU – the joint bid was deemed a per se infringement.