28It must be borne in mind that Article 101 TFEU does not apply where the agreements or practices it prohibits are carried out by undertakings which constitute an economic unit (see, to that effect, judgments of 4 May 1988, Bodson, 30/87, EU:C:1988:225, paragraph 19, and of 11 April 1989, Saeed Flugreisen and Silver Line Reisebüro, 66/86, EU:C:1989:140, paragraph 35). It is, however, for the referring court to verify whether tenderers A and B constitute an economic unit.
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