HPP is assisting Eltel Networks Oy and Eltel Group Oy at the European Court of Justice (ECJ) in the request for preliminary ruling from the Korkein hallinto-oikeus (KHO), lodged on 13 June 2019, where the KHO referred to the ECJ the following questions:
Can the system of competition established by Article 101 of the Treaty on the Functioning of the European Union (TFEU) be interpreted to mean that, in a situation in which a cartel participant has entered into a construction contact as agreed in the cartel with a player outside the cartel, the competition infringement continues, due to the econimic effects caused thereby, throughout the whole period in which contractual obligations arising from the contract are discharged or payments for the works are made to the contracting parties, that is to say up until the point at which the last instalment is paid for the works, or at least up until the point at which the works in question are completed;
or is it to be assumed that the competition infringement continues only until the point at which the company that committed the infringement has submitted a tender for the works concerned or entered into a contract for the execution of the works?
