{"id":1232,"date":"2017-08-09T21:40:03","date_gmt":"2017-08-09T19:40:03","guid":{"rendered":"http:\/\/haavind.local\/en\/2017\/08\/09\/tender-consortia-offshore-supplier-industry-seminar\/"},"modified":"2022-07-21T12:51:29","modified_gmt":"2022-07-21T12:51:29","slug":"tender-consortia-offshore-supplier-industry-seminar","status":"publish","type":"post","link":"https:\/\/haavind.stage01.dekodes.no\/en\/tender-consortia-offshore-supplier-industry-seminar\/","title":{"rendered":"The end of tender consortia? Breakfast seminar on 29 August"},"content":{"rendered":"\t
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The end of tender consortia? Breakfast seminar on 29 August<\/h1>\n\n

In a recent judgment Norway\u2019s Supreme Court has concluded that competition rules bar tender consortia between players that could have submitted separate bids. <\/p>\n\t\t\t\t\t\t\t\t\t\t\t\t\t

<\/div>\n\t\t\t\t\t
\n\t\t\t\t\t\t09 August, 2017 \u00b7 3 min. reading time<\/span>\n\t\t\t\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\n
\n\t\t\t\tWritten by<\/span>\n\t\t\t\t
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\n\t\t\t\t\t\tSimen Klevstrand<\/span>\n\t\t\t\t\t\tPartner<\/span>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/a>\n\t\t\t\t\t
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\n\t\t\t\t\t\tChristopher L. Sveen<\/span>\n\t\t\t\t\t\tPartner<\/span>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/a><\/div>\n\t\t\t\t
\n\t\t\t\tTopics<\/span>\n\t\t\t\t
Construction and offshore<\/a>EU\/EEA and competition<\/span>Offshore and industries<\/a><\/div>\n\t\t\t\t<\/div>\n\t\t\t<\/div>\n\n

In a recent judgment Norway\u2019s Supreme Court has concluded that competition rules bar tender consortia between players that could have submitted separate bids.<\/p>\n\n\n

The Court held that if such players submit a joint bid instead of bidding separately, their cooperation is automatically deemed to restrict competition. Instead of the usual case-by-case assessment of the effects of an agreement, the Court concluded that an agreement to team up and bid jointly is in itself anti-competitive. This strict approach is normally reserved for price-fixing, market sharing and the like.<\/p>\n\n\n\n

The Supreme Court\u2019s conclusion is unprecedented in the case-law from the EU courts, and forces bidders for contracts in the Norwegian market to take a particularly cautious approach to possible consortia. The full text of the judgment is available here<\/a> (in Norwegian).<\/p>\n\n\n\n

The judgment will have significant implications for suppliers in industries involving large and complex projects, such as offshore and onshore construction. Teaming up for large projects has been a key strategy to strengthening bids for projects and reducing commercial risk. As a result of the judgment, no such consortia can be formed in Norway without a prior assessment of the legal risk.<\/p>\n\n\n\n

If a joint bid should later be found to be in breach of competition rules, the parties will be exposed to very significant fines \u2013 up to 10% of annual group turnover.<\/p>\n\n\n

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In the seminar on 29 August, we will discuss how to navigate the legal risks involved in tender consortia in the Norwegian market going forward.<\/p>\n\n\n\n

Questions include:<\/p>\n\n\n\n