All posts tagged public tender competition

Competition

Illegal bid rigging or lawful project agreement?

In June 2012, The Norwegian Competition Authority (“NCA”) announced a draft on new guidelines regarding tendering and project agreements. Several competition lawyers have questioned whether the draft guidelines are expressing an incorrect interpretation of Section 10 of the Norwegian Competition Act (equivalent to Article 53 of the EEA Agreement and TFEU Article 101). The guidelines are yet to be adopted, which may indicate that the NCA will await the outcome of a case pending in the Norwegian court system.