Supreme court supports the authorities ‘ intervention against a consortium agreement between the two contractors.
Two contractors tried to put the competition out of the force because they in 2014 entered into a consortium agreement, and then won a tender for the painting of markings on state roads.
It turns out the Supreme court in a judgment on Wednesday. A decision from the competition appeals tribunal was in the order, concludes the country’s top court.
the Former was the case a different outcome. The maritime and Commercial court considered in august last year, that the competition authorities had taken a wrong decision and gave the companies Eurostar Denmark A/S and the GVCO A/S is well founded.
Actually, the two companies are competitors on the market, but formed together a consortium to bid on the Directorate call for tenders for road markings in the three districts.
A third company in the market, Guide-Lines, lost the supply and went then to the competition authorities with a complaint, and now, the matter Aresbet is finally settled.
the Supreme court judges say that the Eurostar Denmark and GVCO is effectively eliminated competition between each other. That the authorities turned thumbs down was in order, and it was not necessary to prove actual damage of the harmful effects of the agreement.
According to the law firm Kromann Reumert created the Danish Competition council’s decision on the matter in 2015, the uncertainty among companies, as considered to form consortia. Especially smaller companies were limited in their freedom of action, the law firm has stated.
how To paint stripes on state roads such as motorways, trunk roads and bridges is no small business. The market for road markings traded in 2014 a year for about 200 million kroner, according to the judgment, as the Maritime and Commercial court has handed down.
the Trial has been extensive. The maritime and commercial court judgment of more than 350 pages. The supreme court just did with the 11 pages. But the two companies be ordered to pay the Competition costs, which run up into the 700,000.
/ritzau/
