The European Court of Justice (ECJ) recently ruled (C-376/08) that it is not inherently a breach of the principle of equal treatment for a consortium and a company which is a member of that consortium to separately bid in competition against each other in a tender. According to the ECJ, although it is legitimate to impose rules preventing possible collusion, a national rule that imposes an irrebutable presumption of interference in such circumstances is disproportionate. Where a consortium and a member of a consortium submit tenders, the companies concerned should be granted an opportunity to show that their tenders were drawn up completely independently and that there was no risk that competition is affected.