Consultation on new consortium guidelines

The Danish Competition and Consumer Authority has published draft guidelines on the assessment under competition law of consortium collaboration in relation to joint bids for public or private works. Comments on the draft must be submitted by Friday, 1 September 2017.

The draft is to replace the current consortium guidelines from 2014 as they have given rise to uncertainty as to when undertakings are allowed to form part of consortia.

The draft is largely in agreement with the current guidelines. The Danish Competition and Consumer Authority basically states that undertakings that are competitors may generally not form part of consortium collaborations unless the consortium in question entails efficiency benefits that compensate for the restriction of competition and are to the advantage of the consumers.

The full text is not available in English.

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