Cartel fine for collusion in connection with tender to waste water company 

The Danish Competition and Consumer Authority has published that, on 12 January 2018, the contracting business Troels Jørgensen A/S was ordered to pay a fine of DKK 3.2 million for violation of the prohibition against anti-competitive agreements under the Competition Act.

Troels Jørgensen A/S had coordinated its prices with a competitor in a million tender to Lollands Spildevand A/S. The coordination took place in the summer of 2013 when Troels Jørgensen A/S participated in a tender procedure concerning the closing of Holeby waste water plant.

When fixing the fine, the Danish Competition and Consumer Authority took into account the company’s turnover and the gravity and duration of the violation. Importance was also attached to the fact that the company had cooperated with the authorities to clarify the matter. According to the Danish Competition and Consumer Authority, it was furthermore important that the company had tried to prevent the damage that the tender coordination could potentially have caused. But this has not been clarified in detail.

The competitor was declared bankrupt and has therefore not been subject to a fine for the cartel agreement, but a senior employee from the two contracting businesses has each been ordered to pay a personal fine of DKK 100,000.

The matter may be concluded without legal action as both the company and the senior employees have pleaded guilty and have accepted the fines from the Public Prosecutor for Serious Economic and International Crime.

contacts

Andreas Christensen

Partner

Marie Løvbjerg

Attorney