The French National Competition Authority fines five undertakings for collusive tendering in the field of public procurement (Vilmore, Eiffage)

On 17 April 2013, the French National Competition Authority (Autorité de la concurrence, hereafter “the FCA”) fined four undertakings a total of € 965,000 for collusive tendering in the field of public procurement. The FCA investigated the response submitted by two companies to an invitation to tender offered by a public body. It concluded that the tenderers had exchanged information prior to submitting their bids and agreed among themselves as to who should be the most successful bidder. This case offers an interesting case study as it provides a perfect practical example of the notion of complementary bidding typically referred to as an “offre de couverture” under French Law [1], a variety of bid rigging by which one of the tenders will submit an unattractive bid, in collusion with

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Jocelyn Delatre, The French National Competition Authority fines five undertakings for collusive tendering in the field of public procurement (Vilmore, Eiffage), 17 April 2013, e-Competitions Bulletin Public procurement, Art. N° 51793

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