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04 December 2008
The Competition Authority has published guidelines on the application of the Competition Act to collusive tendering.
There is no doubt that collusive tendering may be caught by the general prohibition against agreements that restrict competition. The guidelines describe the general approach that should be followed when assessing collusive tendering and set out common circumstances to be taken into consideration when evaluating its legality. The guidelines are intended to help companies to assess with greater certainty whether collusive tendering restricts competition and, if so, whether it would qualify for an exemption under the competition rules.
The guidelines reflect how the authority will deal with cases of collusive tendering under the act. However, as the act is more or less harmonized with EU competition legislation, the guidelines may also be relevant when dealing with collusive tendering under EU competition rules.
For further information on this topic please contact Frode Elgesem or Monica Syrdal at Advokatfirmaet Hjort DA by telephone (+47 2247 1800) or by fax (+47 2247 1818) or by email (firstname.lastname@example.org or email@example.com).
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