Public procurement

Anticompetitive practices

The EU Court of Justice dismisses the appeal against the General Court’s judgement highlighting that essential national interests may justify deviation from the normal public procurement (Achemos & Achema)
College of Europe (Bruges)
State Aid and Essential National Interest* Introduction State aid should support outcomes that the market by itself cannot achieve. This implies that State aid that is restricted to only one or a few undertakings is unlikely to be capable of delivering the desired outcome. Yet, sometimes (...)

The US DoJ indicts a bidder for bid-rigging at an online auction for surplus Government equipment (GSA)
US Department of Justice - Antitrust Division (Washington)
Bidder Pleads Guilty to Riggings Bids at Online Auctions for Surplus Government Equipment* A Missouri man pleaded guilty today to rigging online bids submitted to the General Services Administration (GSA). According to court documents, Alan Gaines pleaded guilty to the one-count indictment (...)

The Italian Competition Authority proposes pro-competitive legislative changes to the Government
Hogan Lovells (Milan)
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Hogan Lovells (Milan)
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Hogan Lovells (Milan)
The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

The French Competition Authority closes an investigation into a national construction federation regarding a green label (FBTP 31)
French Competition Authority (Paris)
Ethibat label: the Autorité is closing an investigation into the French Construction and Public Works Federation of Haute-Garonne (FBTP 31)* The Autorité is closing an investigation into the French Construction and Public Works Federation of Haute-Garonne (FBTP 31) regarding the ETHIBAT label. (...)

The EU Commission publishes its notice providing tools on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground
University of Bristol - Law School
FIRST THOUGHTS ON THE COMMISSION’S BID RIGGING EXCLUSION GUIDANCE — WHAT DIFFERENCE WILL IT MAKE?* On 18 March 2021, the European Commission officially published its Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground (the ‘bid (...)

The Hungarian Competition Authority investigates the pharmaceutical wholesaler system (Phoenix / Hungaropharma)
Hungarian Competition Authority (Budapest)
The GVH is investigating the pharmaceutical wholesaler system* The Hungarian Competition Authority (GVH) launched an investigation into the agreements concluded by the largest domestic pharmaceutical wholesalers and the cooperation systems they established with pharmacies, since these may (...)

The EU Commission publishes a notice on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (see, attached copy; the Notice). The Notice develops the tools which (...)

The Spanish Competition Authority fines participants of a bid-rigging cartel in the supply of radiopharmaceuticals to hospitals (Advanced Accelerator Applications Ibérica / Curium Pharma Spain)
Ashurst (Madrid)
The Spanish Competition Authority ("CNMC") has fined Advanced Accelerator Applications Ibérica, S.L.U. ("AAA") and Curium Pharma Spain, S.A. ("CURIUM") as well as two directors of those companies for an infringement of the Spanish Competition Act ("SCA"), constituting a bid-rigging cartel for (...)

The Spanish Competition Authority publishes an update to its guide to procurement and competition focused on planning
Spanish Competition Authority (Madrid)
The CNMC publishes the first update to its Guide to Procurement and Competition, focused on planning* The Guide to Public Procurement and Competition provides guidelines for improving the design of public tenders and identifying collusion between companies. The CNMC has decided to update and (...)

The Polish Competition Authority fines two national constructions companies for tender collusion (Janusz Kurek Firma Budowlana J & S / Brimat)
Polish Competition Authority (Warsaw)
Tender collusion - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny imposed a penalty in the amount of over PLN 375 thousand on two participants in a tender collusion. The entrepreneurs agreed that the more expensive bid from one of them would be awarded. The aggrieved (...)

The US DoJ announces that foreign-language training companies admitted to participating in a conspiracy to defraud the United States (CLCI / Berlitz)
US Department of Justice - Antitrust Division (Washington)
Foreign-Language Training Companies Admit to Participating in Conspiracy to Defraud the United States* Two providers of foreign-language services, Comprehensive Language Center Inc. (CLCI), based in the Washington, D.C., area, and Berlitz Languages Inc. (Berlitz), based in New Jersey, were (...)

The Lithuanian Supreme Administrative Court confirms the fines imposed by the Competition Authority on German solid waste services and recycling company for being part of a cartel (Sypra)
Lithuanian Competition Authority (Vilnius)
Cartelist of radioactive scrap metal auction will have to pay imposed fine* The Supreme Administrative Court of Lithuania (Court) rejected the appeal by the German company Sypra which participated in the radioactive scrap metal auction conducted by Ignalina nuclear power plant and concluded a (...)

The EU Court of Justice clarifies the application of optional exclusion grounds and the right to self-cleaning (RTS Infra / Aannemingsbedrijf Norré-Behaegel)
Van Bael & Bellis (Brussels)
On 14 January 2021, the Court of Justice of the European Union (CJEU) held that tenderers who find themselves in one of the optional grounds for exclusion referred to in Article 57(4) of Directive 2014/24/EU of 26 February 2014 on public procurement (the Directive) are only obliged to (...)

The EU Court of Justice delivers a preliminary ruling setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end (Eltel)
Ashurst (Brussels)
On 14 January 2021, the European Court of Justice delivered a preliminary ruling (case C-450/19) setting out guidance on when an anticompetitive agreement on submitting prices in the context of a call for tenders is considered to come to an end. This ruling has important implications for the (...)

The Latvian Supreme Court confirms the conclusion of the Competition Authority’s restrictions on the cremation market (Rīgas satiksme)
Konkurences padome (Riga)
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Hungarian Competition Authority imposes a fine on the Association of human resources consulting agencies for restricting competition among its members (SZTMSZ)
Van Bael & Bellis (Brussels)
By decision of 18 December 2020, published on 1 February 2021, the Hungarian Competition Authority (“GVH”) imposed a fine of HUF 1 billion (approximately € 2.8 million) on the Association of Hungarian HR Consulting Agencies (“SZTMSZ”) for a series of anti-competitive practices. The members of (...)

The Swedish Competition Authority claims that a municipality’s purchase of supported housing services constitutes an illegal direct award of contract
Swedish Competition Authority (Stockholm)
Malmö’s purchase of supported housing services constituted an illegal direct award of contract* The Swedish Competition Authority is claiming that the Labour Market and Social Welfare Board in Malmö Municipality must pay SEK 10 million in procurement fines for carrying out an illegal direct (...)

The Swedish Competition Authority takes legal action against a company in the cheese and dairy industry for exchanging strategic information with a competitor in connection to a public procurement (Arla Foods)
Swedish Competition Authority (Stockholm)
The Swedish Competition Authority takes legal action against Arla Foods for unlawful cooperation*. According to the Swedish Competition Authority, Arla Foods has participated in an unlawful cooperation by exchanging strategic information with a competitor in the connection to a public (...)

The Swedish Competition Authority concludes that region Blekinge violated the rules on public procurement when purchasing translation service provider (Interpretation services)
Swedish Competition Authority (Stockholm)
Interpretation services incorrectly procured by Region Blekinge* Region Blekinge violated the rules on public procurement when the region purchased interpretation services. This is the conclusion of the Swedish Competition Authority, now referring the matter to the Administrative Court in Växjö (...)

The Czech Competition Authority imposes fines for IT cartel agreement (Autocont / Tesco / Asseco Central Europe)
Czech Competition Authority (Brno)
Office imposed fines for IT cartel agreement in total amount of CSK 75 million* By its first-instance decision of 7 December 2020, the Office for the Protection of Competition imposed fines in the total amount of CZK 74,622,000 on AUTOCONT a.s., TESCO SW a.s., ICZ a.s., MERIT GROUP a.s., (...)

The French Competition Authority amends its decision-making practice in the field of public procurement to comply with the recent case law of the EU Court of Justice, making the administrative courts to be the only regulators thereof (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)
Grall & Associés (Paris)
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French Ministry of Economy and Finance (Paris)
Introduction On 25 November 2020, the French Competition Authority (hereafter, the “FCA”) amended its decision-making practice in the field of public procurement (FCA, Decision 20-D-19 of 25 November 2020), to comply with the recent judgement “Ecoservice Projektai” of the European Court of Justice (...)

The Slovak Competition Authority fines three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment
Slovak Competition Authority (Bratislava)
AMO SR decided to impose fines on three undertakings for a cartel agreement in the area of supplies of machines and mechanical and technological equipment* On 18 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter "the Office") issued a decision, (...)

The Swedish Competition Authority fines a municipal-owned company for an illegal direct award of a contract for 19 event arrangements (Affärsverken Karlskrona)
Swedish Competition Authority (Stockholm)
Event arrangement considered an illegal direct award of contract* The company Affärsverken Karlskrona AB failed to comply with the procurement rules when the company entered into a contract for several event arrangements to a value of SEK 1.6 million. The Swedish Competition Authority is of the (...)

The US DoJ files a case and simultaneous settlement requiring an association to repeal and modify certain rules to provide transparency (National Association of Realtors)
US Department of Justice - Antitrust Division (Washington)
Justice Department Files Antitrust Case and Simultaneous Settlement Requiring National Association of Realtors® To Repeal and Modify Certain Anticompetitive Rules* Settlement Will Increase Competition to the Benefit of American Homeowners and Homebuyers and Allow for Innovation in Brokerage (...)

The US DoJ announces measures to further its pursuit of antitrust and related crimes in government procurement and program funding
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
Just over a year after launching the Procurement Collusion Strike Force (“PCSF”), the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced new measures to further its pursuit of antitrust and related crimes in government procurement, grant, and program funding. These changes expand the (...)

The Russian Competition Authority Voronezh Regional Office finds a cartel in public tenders for road construction (Road Construction and Repair / Rossoshanskoe Road Repair and Construction Office No 1)
Russian Federal Antimonopoly Service (Moscow)
Voronezh Regional Office of the FAS Russia Revealed a Cartel for 258 Million Rubles* The anti-competitive agreement was implemented during the auction for the execution of road repair work The Voronezh Regional Office of the FAS Russia found Road Construction and Repair LLC and Rossoshanskoe (...)

The Russian Ninth Arbitration Court of Appeal upholds the Competition Authority’s decision against companies in the "cartel under hypnosis" in the healthcare sector (Aksonmed / Satori / Intermed / Divais / Lotos / Equipmed)
Russian Federal Antimonopoly Service (Moscow)
Appeal Supported the Position of the FAS Russia in the "Cartel Under Hypnosis" Case* The Ninth Arbitration Court of Appeal upheld the decision of the antimonopoly authority against companies that have been implementing an anti-competitive agreement in the healthcare sector for more than three (...)

The Russian Competition Authority forcibly returns the equivalent of 14 million EUR into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)
Russian Federal Antimonopoly Service (Moscow)
More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

The Austrian Competition Authority files an application to fine four construction companies for price fixing, market division, and other anti-competitive conduct
Austrian Competition Authority (Vienna)
AFCA files application to fine four construction companies for price fixing, market division and other anti-competitive conduct* The alleged infringements include price fixing, market divison and the exchange of competitively sensitive information. On 29 October 2020 the Austrian Federal (...)

The US DoJ indicts engineering firm and its former executive for a decade-long scheme to rig bids and defraud the North Carolina Department of Transportation (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice - Antitrust Division (Washington)
Engineering Firm And Its Former Executive Indicted On Antitrust And Fraud Charges* North Carolina Department of Transportation Targeted in Decade-Long Scheme A federal grand jury in Raleigh, North Carolina returned an indictment charging Contech Engineered Solutions LLC and Brent Brewbaker, a (...)

The Swedish Competition Authority petitions to fine municipality for directly awarding a public procurement contract for snow clearance because the contract does not qualify for exemption under urgency (Huddinge Municipality)
Swedish Competition Authority (Stockholm)
No extreme urgency when Huddinge Municipality directly awarded a contract for snow clearance* Huddinge Municipality was guilty of an illegal direct award when it failed to apply procurement rules to a contract for snow clearance. This is the conclusion of the Swedish Competition Authority, (...)

The Swedish Competition Authority petitions to fine municipality for illegal direct award of a public procurement contract for major refurbishment of a property (Hallsberg Municipality)
Swedish Competition Authority (Stockholm)
Hallsberg performed an illegal direct award of construction contract* Hallsberg municipality carried out the major refurbishment of a property without first publishing a contract notice as required under the Public Procurement Act. The municipality was therefore guilty of an illegal direct (...)

The Russian Ninth Arbitration Court of Appeal confirms the Competition Authority’s fines for a construction cartel in the Karachay-Cherkessian Republic (Chance / Kubanskoye / Karachaevskoye / Yugelektromontazh / Invest)
Russian Federal Antimonopoly Service (Moscow)
Appeal Confirmed Legality of the Decision Against the Cartel in Karachai-Cherkessia* The tenders for the construction of roads, buildings and facilities in the republic were held in violation of the antimonopoly law. Fines for companies exceeded 106 million rubles It should be reminded that (...)

The Mexican Competition Authority proposes 12 measures on economic competition matters to support the recovery of the national economy as a result of the COVID-19 health crisis Free
Mexican Competition Authority (Mexico City)
COFECE proposes 12 measures on economic competition matters to support the recovery of the Mexican economy* As a result of the health crisis, markets could further concentrate. Guaranteeing inclusion and permanence of a wide range of companies is the best way to ensure a sustainable recovery (...)

The Russian Republic of Khakassia’s Abakan City Court convicts members of a medical equipment cartel to imprisonment up to 16 years (Administration of Head of Republic of Khakassia)
Russian Federal Antimonopoly Service (Moscow)
Andrey Tenishev: Cartel Members Convicted in the Republic of Khakassia* Court imposed imprisonment up to 16 years to participants of anticompetitive agreements for theft and bribes It should be reminded that in 2018 the FAS Russia recognized a number of companies violated the Law on (...)

The Finnish Competition Authority finds that the arrangement of social welfare and health care services in Savitaipale municipality violated the laws on public procurement (Eksote / Kiinteistö Oy Savitapaleeen Vuokratalot)
Finnish Competition and Consumer Authority (Helsinki)
FCCA finds that the arrangement of social welfare and health care services in Savitaipale violated the Act on Public Procurement* According to a decision issued by the Finnish Competition and Consumer Authority (FCCA) on 7 October 2020, the Joint Municipal Authority of Social Welfare and (...)

The Slovak Competition Authority initiates administrative proceedings in the matter of a possible agreement restricting competition in a public procurement for the provision of engineering services in the field of agriculture
Slovak Competition Authority (Bratislava)
CARTELS: AMO SR initiated an administrative proceedings in the matter of a possible agreement restricting competition in a public procurement for the provision of engineering services in the field of agriculture* On 30 September 2020 the Antimonopoly Office of the Slovak Republic, the (...)

The Swedish Competition Authority discovers improper public procurement of parking meters (Örebro Municipality)
Swedish Competition Authority (Stockholm)
Parking meters were improperly procured by Örebro Municipality* Örebro Municipality has made an illegal direct award of parking meters. The Swedish Competition Authority is now turning to the Administrative Court and petitioning for the municipality to be ordered to pay a procurement fine of SEK (...)

The Romanian Competition Authority fines five companies for participating in a bid rigging cartel in public tender for street refurbishment (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Van Bael & Bellis (Brussels)
On 24 September 2020, the Romanian Competition Council (“RCC”) imposed fines totalling € 468,000 on five companies for engaging in bid-rigging in relation to public tenders concerning the refurbishment of certain streets in the Romanian city of Pitesti. The investigation started in 2018 following (...)

The Romanian Competition Authority sanctions 5 companies with EUR 468,000 for rigging the bids on rehabilitation of the streets in Pitesti (Construct Steel Market / Construcții Drumuri și Lucrări de Artă / Comesad Drumuri / General Trust Argeș / Selca)
Romanian Competition Council (Bucharest)
The Competition Council Sanctioned Five Companies With Lei 2.23 Million for Riging the Bid* The Competition Council sanctioned with fines amounting 2,237,094 lei (approx. 468,000 euro) five companies for rigging the bids on rehabilitation of the streets in Pitesti, as follows: Construct Steel (...)

The Finnish Competition Authority proposes a fine on the federation of municipalities in social and health services in the region of Kymenlaakso for unlawful direct procurement of ophthalmology services (Kymsote)
Finnish Competition and Consumer Authority (Helsinki)
FCCA proposes a penalty payment to Kymsote for the unlawful direct procurement of ophthalmology services* On 24 September 2020, the Finnish Competition and Consumer Authority (FCCA) submitted a proposal to the Market Court to impose a penalty payment of 40,000 euros on the federation of (...)

The EU Commission publishes the results of its consultation on foreign subsidies
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Brussels)
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Freshfields Bruckhaus Deringer (Brussels)
The European Commission (’the Commission’) has published the results of the public consultation on its June White Paper on foreign subsidies. The policy document announces a legislative proposal for the control of companies in the EU market that benefit from foreign subsidies. In total, 150 (...)

The Russian Competition Authority detects a collusion for 1.5 billion rubles in the coal supply market (PJSC TGC-2 / JSC Arhoblenergo / LLC TEC)
Russian Federal Antimonopoly Service (Moscow)
FAS Russia detected collusion for 1.5 billion rubles in the coal supply market* The Commission of the FAS Russia recognized PJSC TGC-2, JSC Arhoblenergo and LLC TEC as violating the antimonopoly legislatio. The companies restricted competition by entering into agreements with each other and (...)

The French Competition Authority issues an opinion on the competitive bidding process of middle and outer rings of Greater Paris bus lines (Île-de-France Mobilités)
French Competition Authority (Paris)
Opening up bus networks in Ile-de-France to competition: the Autorité issues an opinion to Île-de-France Mobilités on the competitive bidding process of middle and outer rings of Greater Paris bus lines* Background Following a referral by the Île-de-France Transport Trade Association, also known (...)

The Polish Competition Authority fines six manufacturers of wooden railroad sleepers for bid rigging (Track Tec / Kolejowe Zakłady Nawierzchniowe / Sleeper Treatment Plant in Czeremcha / Sleeper Treatment Plant in Koźmin Wielkopolski / ThyssenKrupp / Trade-Port)
Polish Competition Authority (Warsaw)
Bid rigging - decision of the president of UOKiK* President of UOKiK Tomasz Chróstny imposed a fine of over PLN 13.5 million on six manufacturers of wooden railroad sleepers. The entrepreneurs entered into a bid rigging for the delivery of products for PKP PLK. The following entrepreneurs (...)

The US DoJ Assistant Attorney General Makan Delrahim confirms the opening of two dozen active grand jury investigations into potential criminal antitrust law violations
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
Clients that do business with the federal government should take note: despite the pandemic and the upcoming election, the U.S. Department of Justice (“DOJ”) continues to prioritize its focus on punishing fraudulent and anticompetitive conduct by government contractors, carrying out dozens of (...)

The Polish Competition Authority opens 2 investigations into bid rigging in the forestry sector (Niedźwiady Forest Inspectorate)
Polish Competition Authority (Warsaw)
Two cases of bid rigging in the forestry?* President of UOKiK Tomasz Chróstny has instigated two anti-trust proceedings against companies operating in the field of forest management. Entrepreneurs submitting tenders for forest management services organized by one of Pomeranian forest (...)

The Italian Competition Authority welcomes the decision of the Prefecture of Rome to annul the tendering procedure for the integrated management of the judicial documents notifications service (Prefecture of Rome)
Italian Competition Authority (Rome)
The Italian Competition Authority welcomes the decision of the Prefecture of Rome to annul the tendering procedure for the assignment of the service of integrated management of the notifications of judicial documents* The Authority had previously sent a reasoned opinion in which it noted that (...)

The Polish Competition Authority investigates the outdoor advertising market in Warsaw (AMS / Ströer Polska)
Polish Competition Authority (Warsaw)
Division of outdoor advertising market in Warsaw?* President of UOKiK, Tomasz Chróstny, has instigated investigation procedure with respect to activities of companies AMS and Ströer Polska on the outdoor advertising market in Warsaw. The aim of the procedure is to determine whether the companies (...)

The Danish Competition Authority fines an association of passenger carriers for bid-rigging in public procurement (Økonomisk Forening for Persontransport)
Danish Competition and Consumer Authority (Copenhagen)
Association of passenger carriers pays a fine of DKK 400,000 for bid rigging* The association of undertakings Økonomisk Forening for Persontransport has accepted a fine of DKK 400,000 (app € 53,643) for coordinating bids between its members. The association of undertakings Økonomisk Forening for (...)

The Finnish Market Court imposes €50,000 penalty on hospital district for direct procurement that breaches the Act on Public Procurement and Concession Contracts (Helsinki and Uusimaa Hospital District)
Finnish Competition and Consumer Authority (Helsinki)
The Market Court imposes EUR 50,000 penalty payments in total on HUS for direct procurement that breaches the Act on Public Procurement and Concession Contracts* As per two separate proposals made by the Finnish Competition and Consumer Authority (FCCA), the Market Court has imposed a total (...)

The US DoJ charges commercial flooring contractor with bid-rigging in an on-going investigation (Vortex Commercial Flooring)
US Department of Justice - Antitrust Division (Washington)
Commercial Flooring Contractor Agrees To Plead Guilty To Bid Rigging* Vortex Commercial Flooring Inc., a Chicago-area commercial flooring contractor, has been charged for its role in a long-running antitrust conspiracy to rig bids and fix prices for commercial flooring services and products (...)

The Romanian Competition Authority launches for public debate the commitments proposed by 3 companies applying to use commercial rooms inside an international airport (Dnata Catering / Millenium Pro Design / CN Aeroporturi București)
Romanian Competition Council (Bucharest)
The Competition Council Launches for Public Debate the Commitments Proposed by Dnata Catering SRL, Millenium Pro Design SRL and CN „Aeroporturi București” SA* The Competition Council launches for public debate the commitments proposed by Dnata Catering SRL, Millennium Pro Design SRL and Compania (...)

The Polish Competition Authority issues a decision in a bid rigging case and confirms that companies transporting pupils were illegally influencing the results of public procurements (Jakubas)
Polish Competition Authority (Warsaw)
Bid rigging - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny has issued his decision in a bid rigging case. The companies transporting the pupils were illegally influencing the results of public procurements - if their proposals were the most advantageous, then the (...)

The Mexican Competition Authority fines 11 companies and 14 individuals for colluding in public tenders for services of laboratory tests and blood banks (Selecciones Médicas / Vitalmex / Centrum / Impromed / Falcón ...)
Mexican Competition Authority (Mexico City)
COFECE fines companies and natural persons for colluding in tenders for services for laboratory tests and blood banks convened by IMSS and ISSSTE* The Board of Commissioners determined that 11 companies and 14 natural persons coordinated their bids or abstained from bidding in several tenders (...)

The Latvian Supreme Court upholds the Competition Authority’s conclusion that a city council’s auction to lease its crematorium is groundlessly restrictive (Riga City Council / Rīgas kremācijas centrs – krematorija)
Konkurences padome (Riga)
A judgment of the Supreme Court confirms the conclusion of the Competition Council on competition restriction on the cremation market of Riga* Already in 2015 the Competition Council of The Republic of Latvia (the CC), after conducted sector inquiry, raised alarm concerning the disorganised (...)

The Lithuanian Competition Authority fines national transport safety administration for extending contracts with 42 service providers without a competitive procedure (Lithuanian Transport Safety Administration)
Lithuanian Competition Authority (Vilnius)
Contract Extensions With Passenger Road Transport Service Providers Without a Competitive Procedure Restricted Competition* The Lithuanian competition authority Konkurencijos taryba has found that the Lithuanian transport safety administration (LTSA) infringed the Law on Competition when it (...)

The German Competition Authority assists a national hospital institute in ensuring a competitive procurement process for licensing a new algorithm for invoicing hospital services (Institut für das Entgeltsystem im Krankenhaus - InEK)
German Competition Authority (Bonn)
Bundeskartellamt safeguards innovation with regard to software for the classification and invoicing of hospital services* The Bundeskartellamt successfully assisted the Institute for the Hospital Remuneration System (Institut für das Entgeltsystem im Krankenhaus, InEK) in ensuring that its (...)

The Mexican Competition Authority alongside 4 other national regulators proposes a new law on public procurement to promote better public expenditure and revive the national economy
Mexican Competition Authority (Mexico City)
New Law on Public Procurement is Proposed to Promote Better Public Expenditure and to Revivify the Mexican Economy* Civil society organizations and public institutions specialized on public procurement join efforts to propose a General Law on Procurement that leads to full and timely public (...)

The US DoJ charges Louisiana company with conspiracy to defraud the Government and violate the Procurement Integrity Act (Cajan Welding & Rentals)
US Department of Justice - Antitrust Division (Washington)
Louisiana Company Charged With Conspiracy To Defraud The Government And Violate The Procurement Integrity Act* United States Attorney Peter G. Strasser and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the Department of Justice, announced that CAJAN WELDING & (...)

The Latvian Competition Authority finds that a state owned company’s procurement of road vehicle number plates production and supply is by default favoring one competitor in the bidding process (Road Traffic Safety Directorate)
Konkurences padome (Riga)
The CC: the car number plates procurement organised by CSDD is favourable for one company* During the market study, while investigating the procurement of road vehicle number plates production and supply, organised by state owned company “Road Traffic Safety Directorate” (CSDD), the Competition (...)

The Italian Competition Authority opens investigation into alleged anticompetitive agreement obstructing procurement of free films by film arenas (ANICA / ANEC / ANEC Lazio)
Italian Competition Authority (Rome)
I840 - ICA: launch of an investigation into Anica, Anec and Anec Lazio for obstructing the procurement of films, free of charge, by film arenas* The Authority launched an investigation into Associazione Nazionale Industrie Cinematografiche Audiovisive e Multimediali (ANICA), Associazione (...)

The Swedish Competition Authority fines a municipality for carrying out an illegal direct award of a building contract (Nynäshamn municipality)
Swedish Competition Authority (Stockholm)
Nynäshamn Municipality carried out an illegal direct award of a building contract* When Nynäshamn Municipality had a property rebuilt into a group residence, this was a building contract that should have been procured in accordance with the Public Procurement Act. The fact that the agreement was (...)

The EU Commission releases a white paper consulting on leveling the playing field as regards foreign subsidies
Kirkland & Ellis (London)
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Kirkland & Ellis (London)
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Kirkland & Ellis (London)
The Commission’s White Paper on Foreign Subsidies* 1. Overview On 17 June 2020, the European Commission (“EC”) issued a White Paper consulting on “Levelling the Playing Field as regards Foreign Subsidies”. These are major new proposals to protect EU companies against perceived unfair advantage (...)

The EU Commission publishes a White Paper on the regulation of foreign subsidies in order to protect the single market
Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
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Zepos & Yannopoulos (Athens)
On June 17, 2020, the European Commission published a White Paper on the regulation of foreign subsidies, aiming to fortify the level playing field within the Single Market by dealing with the distortive effects caused by foreign subsidies. The White Paper, a long-awaited and well-received (...)

The EU Commission proposes to grant new enforcement powers to address competition distortions caused by companies benefiting from subsidies from third-country governments
Morgan Lewis (Brussels)
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Morgan Lewis (Brussels)
The European Commission has published a White Paper proposing to grant the Commission new enforcement powers to address competition distortions caused by companies operating in, or entering into, the European Union’s Internal Market, which benefit from subsidies from third-country governments. (...)

The EU Commission adopts a white paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU
Dechert (Brussels)
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Dechert (Brussels)
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Dechert (Brussels)
Background On 17 June 2020, the European Commission (Commission) adopted a White Paper which contains far-reaching proposals for new enforcement powers against companies benefitting from subsidies granted by non-EU countries. While there are already well-developed systems of anti-trust/merger (...)

The EU Commission goes extraterritorial with its new white paper that proposes a new set of tools designed to address distortive effects in the internal market caused by subsidies granted by states outside the EU
Orrick, Herrington & Sutcliffe (London)
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Orrick, Herrington & Sutcliffe (Paris)
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Orrick, Herrington & Sutcliffe (London)
The EU State Aid regime has long protected the EU internal market from anti-competitive subsidies granted by EU Member States. On 17 June 2020, the European Commission published a White Paper that proposes a new set of tools designed to address distortive effects in the internal market caused (...)

The Swedish Competition Authority fines a municipal company for illegal direct award of a contract and clarifies that there is no exception for artistic reasons (Örebrokompaniet)
Swedish Competition Authority (Stockholm)
No exception on artistic reasons when Örebrokompaniet purchased a light show* The exception for artistic performance was not applicable when Örebrokompaniet purchased event services without prior notice. The company is thus guilty of an illegal direct award of contract and the Swedish (...)

The EU Commission publishes a white paper on leveling the playing field with regards to foreign subsidies
Freshfields Bruckhaus Deringer (Brussels)
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Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Brussels)
Tackling distortive effects caused by foreign subsidies in the EU single market is a top priority of the European Commission. In her first State of the Union address last week, EC President Ursula von der Leyen listed the legislative proposal on levelling the playing field as regards foreign (...)

The EU Commission proposes new powers of investigation, sanction and control on mergers, market conduct and public contracts to combat foreign subsidies
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The European Commission (EC) has proposed far-reaching new powers to investigate and sanction foreign subsidies that have allegedly distortive effects on the European Union’s (EU) internal market. The proposals include: (i) mandatory notification of acquisitions, including potentially minority (...)

The Swedish Competition Authority fines a municipality-owned power company for illegal direct award of a contract and rejects its reason of "extreme urgency"(Skellefteå Kraft Elnät)
Swedish Competition Authority (Stockholm)
Skellefteå Kraft was not allowed to give a direct award of contract due to extreme urgency* Skellefteå Kraft Elnät AB was in breach of procurement rules when it purchased materials for Vitberget, Bergsbyn, and Rönnskär without prior advertisement. The Swedish Competition Authority believes that (...)

The OECD issues note on competition and emergency procurement during COVID-19 Free
OECD - Competition Division (Paris)
Health concerns, confinement measures and border closures adopted in the wake of the Covid-19 crisis have caused severe disruption in the supply and distribution chain of goods, works and services that the public sector needs. At the same time, public buyers around the world need some goods (...)

The Slovakian Council of the Antimonopoly Office imposes fines totalling €6,7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
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Bird & Bird (Prague)
On 15 May 2020 the Council of the Antimonopoly Office of the Slovak Republic ("CAOS") changed the first-instance decision of the Antimonopoly Office of the Slovak Republic ("AOS") dated 3 February 2020 and imposed fines totalling of EUR 6,7 million for a cartel agreements between dealers of (...)

The Hong Kong Competition Authority reminds businesses participating in anti-COVID-19 subsidy programs to adhere to the Competition Ordinance Free
Hong Kong Competition Commission
Competition Commission reminds businesses participating in anti-epidemic subsidy programmes to adhere to the Competition Ordinance* The Competition Commission (Commission) is aware that the Government has recently introduced various subsidy programmes to assist businesses and individuals (...)

The Latvian Competition Authority detects competition deformation implemented in procurements by a local government and its capital company (DAKO / RUVAR)
Konkurences padome (Riga)
The Competition Council detects competition deformation implemented in procurements by a local government and its capital company* The Competition Council of Latvia (the CC) has closed the investigation case regarding activities by two companies – SIA “DAKO” and SIA “RUVAR” – in procurements on (...)

The Irish Office of Government Procurement recognises that contracting authorities need support and assistance in relation to the public procurement as a consequence of the COVID-19 outbreak Free
McCann FitzGerald (Brussels)
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McCann FitzGerald (Dublin)
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McCann FitzGerald (Dublin)
COVID-19 has led to unprecedented limitations on economic and other activity within Ireland and around the world. Each contracting authority should consider the associated risks to their procurements whether planned or on-going, and determine how to proceed. This short paper outlines the (...)

The UK Government issues guidance on using public procurement policy to respond to the COVID-19 emergency situation Free
University of Bristol - Law School
EXTREME EMERGENCY PROCUREMENT AND COVID-19 — RE TODAY’S UK GUIDANCE* The UK Government has issued guidance on using public procurement to respond to the COVID-19 emergency earlier today (see PPN 1/20). This follows other EU countries’ introduction of emergency legislation and guidance on the same (...)

The UK Cabinet Office publishes a procurement policy note in response to the COVID-19 impact on the supply of goods, services, and works to the public sector Free
Bird & Bird (London)
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Bird & Bird (London)
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Bird & Bird (London)
Clearly the spread of COVID-19 and the measures imposed by the Government will have a significant impact on the supply of goods, services and works to the public sector. Supplies and services may be required urgently and/or existing procurement processes may be delayed to accommodate issues (...)

The UK Government publishes a procurement policy note which sets out guidelines to contracting authorities on responding to the impact of COVID-19 when carrying out regulated procurement activities Free
Ashurst (London)
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Ashurst (London)
Introduction In the light of the global outbreak of Covid-19, contracting authorities will need to procure goods, services and works in truly exceptional circumstances and, potentially, their requirements will be extremely urgent. Therefore, contracting authorities may have legitimate reasons (...)

The UK Competition Authority publishes guidance with practical advice for project directors and managers on how to avoid bid rigging and cartel activity in the construction market
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
The recently published Competition and Markets Authority (CMA) guidance provides practical advice on how to avoid bid rigging and cartel activity. The guidance warns that construction directors, managers and suppliers should be aware that bid rigging can take many forms, for example: bid (...)

The EU Commission confirms the Parliament and Council’s procurement directive to answer the question of COVID-19 may affect the use of the negotiated procedure without prior publication and amending contracts during their term Free
Bird & Bird (Finland)
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Bird & Bird (Helsinki)
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Bird & Bird (Helsinki)
The Coronavirus (COVID-19) has in a short time driven the whole world into a state of emergency. The pandemic may cause situations for which contracting authorities cannot have prepared for in advance. In this article, we will look at the question of how COVID-19 may affect the use of the (...)

The US DoJ confirms it has opened multiple new criminal investigations with its Procurement Collusion Strike Force
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
A senior official at the U.S. Department of Justice (“DOJ”) recently confirmed that the Antitrust Division has opened multiple grand jury investigations in connection with the Procurement Collusion Strike Force (“Strike Force”) formed in November of last year. Speaking at a conference on February (...)

The Spanish Competition Authority fines an electric company for organising bid rigging cartel in the market for supply and maintenance of weather radars (AEMET)
Ashurst (Madrid)
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Ashurst (Madrid)
The Spanish Competition Authority ("CNMC") has fined Schneider Electric Spain ("Schneider"), Adasa Sistemas ("Adasa") and DTN Services and Systems Spain ("DTN") a total of EUR 610,000 for organising a bid rigging cartel in the market for the supply and maintenance of weather radars tendered by (...)

The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
National University of Study and Research in Law (Ranchi)
Recently, Competition Commission of India (CCI) in the case of Plasser India v. Harbour Sales Private Limited., (Plasser India case) decided that a mere possibility of potential collusion based on common ownership of agents in a bid does not show anti-competitive conduct thereby not leading to (...)

The US DoJ indicts a third individual for bid-rigging in online auctions for surplus government equipment (GSA Auctions / Alan Gaines)
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
On February 5, 2020, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced the indictment of a Missouri man – the third individual to be charged – for participation in a conspiracy to rig bids submitted to the General Services Administration (“GSA”) at online auctions for (...)

The Swedish Competition Authority publishes a report analysis on the number of bidders and the level of litigation in Swedish public procurement
Swedish Competition Authority (Stockholm)
A new research report analyses the number of bidders and the level of litigation in Swedish public procurement* The focus of the report is to identify key determinants of competition and litigation in Swedish public procurement and provide some guidelines to support the contracting authorities (...)

The Hungarian Competition Authority fines undertakings €4.8 million for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)

The Mexican Competition Authority closes probe for possible collusion in the market for watt-hour meters and emphasises opportunities for improvement in the public procurement processes
Mexican Competition Authority (Mexico City)
COFECE CLOSES PROBE FOR POSSIBLE COLLUSION IN MARKET FOR WATT- HOUR METERS AND EMPHASIZES OPPORTUNITIES FOR IMPROVEMENT IN PUBLIC PROCUREMENT PROCESSES* The Federal Economic Competition Commission’s (COFECE or Commission) Board of Commissioners resolved to decree the closure of the (...)

The Danish Supreme Court concludes that two undertakings have implemented a bid-rigging in the market of road marking (LKF / Eurostar)
Danish Competition and Consumer Authority (Copenhagen)
Supreme Court: Road marking consortium was illegal* The Danish Supreme Court has decided that the two undertakings LKF Vejmarkering (now GVCO) and Eurostar Danmark infringed the Danish competition Act, by submitting joint bids for a project for the Danish Road Directorate in 2014. Facts on (...)

The Danish Supreme Court renders a judgement on the legality of consortium agreements and repeals a decision between two companies regarding their joint bid on a public tender for road marking work (LFK / Eurostar)
Gorrissen Federspiel (Copenhagen)
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Gorrissen Federspiel (Copenhagen)
The legality of consortium agreements under competition law has been widely debated in recent years. On 27 November 2019 the Supreme Court rendered a much-anticipated judgment on this subject. The court repealed a Maritime and Commercial High Court decision from 2018 in a case concerning a (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden applies a rationale of the EU Court of Justice and finds subsidiary liable for damages resulting from an EU competition law infringement committed by its parent whilst engaging in a cartel (GIS Cartel)
Leiden University - Faculty of Governance and Global Affairs
Introduction In its interim judgement of 26 November 2019 (‘interim judgement’) the Dutch Court of Appeal Arnhem-Le euwarden (‘Court of Appeal’) applied the rationale of the Court of Justice of the European Union (‘CJEU’) in Skanska to rule that Cogelex (a subsidiary) and Alstom Holdings (its parent (...)

The Dutch Court of Appeal in Arnhem-Leeuwarden finds a subsidiary liable for cartel damage caused by its minority shareholder that had or could have a decisive influence over it (GIS Cartel)
Maastricht University
In a decision of 26 November 2019, the Court of Appeal Arnhem-Leeuwarden deduced from the Court of Justice’s decision in Skanska that the EU concept undertaking is to be used to determine the entity which is required to provide compensation for damage caused by an infringement of Article 101 (...)

The US DoJ forms new criminal antitrust “strike force” focused on investigating price fixing and bid rigging for government contracts
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
On November 5, 2019, the U.S. Department of Justice (“DOJ”) announced the creation of a new “strike force” designed to combat criminal antitrust violations in the government procurement process. The newly-formed Procurement Collusion Strike Force (“PCSF”) will include prosecutors from DOJ’s (...)

The US DoJ announces the formation of a «Procurement Collusion Strike Force»
Morgan Lewis (Philadelphia)
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Morgan Lewis (Washington)
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Morgan Lewis (Silicon Valley)
The US Department of Justice (DOJ) on November 5 announced the formation of the Procurement Collusion Strike Force (PCSF). This interagency initiative will “lead a coordinated national response to combat antitrust crimes and related schemes in government procurement, grant, and program funding (...)

The US DoJ launches a "Strike Force" to combat anticompetitive crimes in government procurement
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (Washington DC)
Last week, the U.S. Department of Justice ("DOJ") launched the Procurement Collusion Strike Force ("PCSF") to detect, investigate, and prosecute antitrust crimes in government procurement, grant, and program funding, at all levels of government. This interagency partnership includes prosecutors (...)

The US DoJ announces the creation of a Procurement Collusion Strike Force with implications for US companies and beyond
Baker McKenzie (Washington D.C.)
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Baker McKenzie (Washington D.C.)
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Baker McKenzie (Washington D.C.)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 5, 2019, the United States Department of Justice (DOJ) announced the creation of a strike force, consisting of federal and state investigators and (...)

The US DoJ announces major new government procurement antitrust initiative
Latham & Watkins (New York)
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Latham & Watkins (Washington)
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Latham & Watkins (Washington)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On Nov. 5, the Antitrust Division of the U.S. Department of Justice announced a major new initiative focused on antitrust enforcement in the area of public (...)

The Mexican Competition Authority presents criminal complaint against individuals who could have colluded in the sale of goods and services in the health sector
Mexican Competition Authority (Mexico City)
For the second time, COFECE presents criminal complaint against individuals that could have colluded in the sale of goods and services in the health sector* Mexico City, October 23, 2019.‐ Yesterday, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority (...)

The Hellenic Competition Commission signs protocol on cooperation with the Hellenic single public procurement Authority
University of Portsmouth (United Kingdom)
PROTOCOL ON COOPERATION BETWEEN THE GREEK COMPETITION AUTHORITY AND THE GREEK PUBLIC PROCUREMENT AUTHORITY* In October 2019, the Hellenic Competition Commission signed Protocol on Cooperation with the Hellenic Single Public Procurement Authority. Both agencies have agreed on the areas of joint (...)

The Serbian Competition Authority issues its first decision granting an immunity from a fine of €500,000 to a cartel participant based on a leniency application (Konica Minolta distributors)
Schoenherr (Belgrade)
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Schoenherr (Belgrade)
Almost 10 years after the introduction of the leniency programme in Serbia, the Commission for Protection of Competition (’Commission’) adopted on 27 of September 2019 the first decision granting immunity from a fine to a cartel participant. This decision brings to life the 2009 statutory (...)

The Indian Competition Authority fines 51 LPG manufacturers for cartelization in withdrawing bids but does not rise the judgment to bid rigging (Hindustan Petroleum Corporation)
Vaish Associates Advocates (New Delhi)
CCI Imposes Penalty on LPG Gas manufacturers for Cartelization in Bidding Process in tenders floated by HPCL IN 2011* By way of order dated 09.08.2019, the Competition Commission of India (“CCI/Commission”) has imposed penalty on 51 LPG manufacturers for collectively withdrawing their bids from (...)

The Indian Competition Authority fines 3 vendors bid rigging in the market for geo-enabled census of trees and concludes that the tender organizer failed to detect cartelization (SAAR IT / CADD / Pentacle / Pune Municipal Corporation)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty for collusive bidding in tender floated by Pune Municipal Corporation* By way of order dated 02.08.2019, CCI has fined SAAR IT Resources Pvt. Ltd (“SAAR”), CADD Systems and Services Pvt. Ltd(“CADD”) and Pentacle Consultants (I) Pvt. Ltd (“Pentacle”) for collusive bidding in a (...)

The Indian Competition Authority fines companies for bid-rigging regarding a tender for the selection of an agency to carry-out tree census (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
Trilegal (Mumbai)
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Trilegal (Bangalore)
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Trilegal (Mumbai)
The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)

The Portuguese Competition Authority accuses two advertising associations of restricting competition in the advertisement services market by setting rules to prevent the participation of its associates in tenders (APAN / APAP)
Portuguese Competition Authority (Lisbon)
AdC accuses Portuguese advertisers and advertising agencies of limiting the normal functioning of the market* The AdC (Autoridade da Concorrência) accuses the Portuguese advertisers association APAN (Associação Portuguesa de Anunciantes) and the advertising agencies association APAP (Associação (...)

The Lithuanian Competition Authority fines companies for entering into a cartel for cemetery maintenance services (Vilnius Cemeteries cartel)
Lithuanian Competition Authority (Vilnius)
Companies fined for cartel in public tender of cemetery maintenance services* Konkurencijos taryba found that in the public tender of Vilnius city cemetery maintenance services the firms belonging to the group of companies City Service SE concluded a cartel agreement with their competitor (...)

The Lithuanian Competition Council fines competitors for tender allocation (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)
Walless (Vilnius)
On 26 of June 2019, the Competition Council of the Republic of Lithuania issued a decision finding that four competitors shared markets and agreed on prices in 25 public tenders for street and road repair and land melioration works organized by three municipalities in Lithuania from 2012 to (...)

The Bulgarian Competition Authority issues a statement of objection against undertakings for bid-rigging (Energy efficiency program)
Tsvetkova Bebov Komarevski (Sofia)
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Tsvetkova Bebov Komarevski (Sofia)
Follow up: the Bulgarian Competition Authority reveals the largest bid-rigging cartel between undertakings in Bulgaria* Flashback In January 2019, the Bulgarian Commission for Protection of Competition (“BCPC”) issued a Statement of Objections against in total 24 Bulgarian undertakings for (...)

The Czech Competition Authority confirms fines imposed for bid-rigging to window producers (DAFE-PLAST Jihlava / OFS 2000 / SULKO)
Czech Competition Authority (Brno)
FINES FOR BID RIGGING CARTEL OF WINDOW PRODUCERS WERE CONFIRMED* The above mentioned undertakings infringed national competition rules by coordinating their participation and bids regarding the public contract for the change of doors and windows on premises of the Ministry of Education, Youth (...)

The Czech Competition Authority fines four competitors operating on the grant consultancy market for bid-rigging in public procurement (RPSC / RENARDS / EUNICE / Erste Grantika Advisory)
Bird & Bird (Prague)
On the 26 April 2019, the Office for the Protection of Competition ("Office") adopted its first-instance decision regarding four competitors operating on the grant consultancy market. In its decision, the Office imposed fines amounting to CZK 1,883,000 (approx. EUR 73,000) on the four (...)

The Italian Competition Authority fines several companies for bid-rigging in the context of tenders for the assignment of broadcasting rights of football matches in tournaments organized by the Italian football league (MP Silva / IMG / B4 Capital)
Italian Competition Authority (Rome)
ICA: agreement on tenders for the assignment of international rights to football on TV. MP Silva, IMG and B4 Capital fined 67 million Euros* On April 24 the Italian Competition Authority concluded an investigation, ascertaining a violation of art. 101, paragraph 1, of the Treaty on the (...)

The Italian Competition Authority fines three undertakings that have rigged tenders for the national football league for the award of international broadcasting rights (MP Silva / IMG / B4 Capital)
Portolano Cavallo (Rome)
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Portolano Cavallo (Milan)
By Decision of April 24, 2019, the Italian Competition Authority (AGCM) has ascertained that three undertakings had rigged tenders for the Italian Football League (IFL) for the award of international broadcasting rights from 2008/2009 to 2016/2017. This finding, theoretically, could lead to (...)

The French Competition Authority rejects a referral denouncing an agreement between companies responding to a tender for the extension of the tramway network (Communauté urbaine de Bordeaux)
French Competition Authority (Paris)
Extension of the Bordeaux tram* The Autorité de la concurrence rejects the referral filed by the communauté urbaine de Bordeaux (Bordeaux metropolitan area) in the absence of solid evidence. The complaint lodged by the communauté urbaine de Bordeaux The communauté urbaine de Bordeaux (CUB), now (...)

The Danish City Court of Hellirød fines competing demolition companies for bid coordination by exchanging prices (Nedrivning)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
On 8 February 2019, the City Court of Hillerød concluded that CMP Nedrivning ApS (a Danish demolition company) had violated section 6 of the Danish Competition Act (corresponding to Article 101 TFEU) by coordinating prices with competing demolition companies. The company was found to be part of (...)

The Portuguese Competition Authority fines an undertaking and its manager for bid-rigging in the railway maintenance services sector (Sacyr Neopul)
Portuguese Competition Authority (Lisbon)
AdC sanctions an undertaking and its manager for anticompetitive practices in the sector of railway maintenance services.* The AdC imposed fines totalling 365,400 euros on Sacyr Neopul S.A., and its production manager, for participating in a horizontal agreement (cartel) that resulted in price (...)

The Hungarian Competition Authority fines four water welling companies for bid rigging (Vikuv Vízkutató és Fúró Zrt. / Aquazit Szolgáltató Kft. / Drillingwater Kft. és a Geo-Sivo Építőipari / Környezetvédelmi Tervező és Kivitelező Kft)
Hungarian Competition Authority (Budapest)
Total fine of more than 100 million forints imposed on well drilling companies for participation in a cartel* The Hungarian Competition Authority (Gazdasági Versenyhivatal, GVH) imposed fines amounting to a total of 105 million forints (0.33 million EUR) on four water welling companies for (...)

The Italian Competition Authority provides useful guidance on under what circumstances an incumbent may associate with a competitor in a public tender for blood derivatives (Kedrion / Grifols)
Portolano Cavallo (Milan)
In January 2018 the AGCM launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture to a public tender (issued by a (...)

The Latvian Competition Authority detects illegal coordination between providers of office equipment maintenance and delivery services (TOMEGA / BTK.LV)
Konkurences padome (Riga)
The CC detects forbidden coordination of activities by providers of office equipment maintenance and delivery services* On 7 December, the Competition Council of Latvia (the CC) adopted a decision, according to which it detected unlawful and repeated coordination of activities between (...)

The Hellenic Competition Authority settles a case against two undertakings for concluding anticompetitive agreements in the market for the production and marketing of dairy products (FrieslandCampina Hellas / Mandrekas)
Hellenic Competition Authority (Athens)
Settlement of market segmentation case in the market for the production and marketing of dairy products* By its unanimous Decision No. 668/2018, the Grand Chamber of the Hellenic Competition Commission (HCC) decided to settle a case against two (2) companies in the market for the production (...)

The Quebec Court of Appeal sentences to prison individuals found guilty of offenses in relation with bid-rigging in public construction contracts (Fedele)
Steve Szentesi Law Corporation (Vancouver)
Quebec Court of Appeal Ruling Signals that Bid-Rigging is a Serious Offence Warranting Imprisonment* A recent decision by the Quebec Court of Appeal in R c. Fedele, 2018 CarswellQue 10342 (English language summary) sends a strong signal that bid-rigging offences, particularly in respect of the (...)

The EU Court of Justice decides that the three years of maximum exclusion for cartel members from public tenders starts to run with the decision of the investigating anti-trust authority (Vossloh Laeis / Stadtwerke München)
Noerr (Berlin)
Exclusion of Cartel Members from Public Tenders – ECJ to Clarify Key Issues* Sanctions for participating in cartels are manifold: fines and damages are feared foremost, followed by reputation losses. Another painful consequence is often overlooked at first glance: exclusion from public tenders (...)

The French Competition Authority fines three companies for bid-rigging in the public lighting sector (Lapize de Sallée)
French Competition Authority (Paris)
Public lighting in Ardèche* The Autorité de la concurrence has fined a company in Ardèche for entering into agreements with competitors to secure public procurement contracts Following an investigation by the Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) (...)

The Indian Competition Authority fines manufacturer associations for bid rigging in public procurement program for ethanol, ignoring market economics (ISMA Indian Sugar Mills Association / EMAI Ethanol Manufactures Association of India)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty on Sugar mill manufacturers and Trade Associations (ISMA and EMAI) for collusive bidding in Government tender under the Ethanol Blending Programme* The Competition Commission of India (CCI/Commission) vide order dated September 18, 2018 has imposed heavy monetary penalties (...)

The Moscow Arbitration Appeal Court confirms the decision of the Russian Competition Authority concerning a cartel on the market of civilian filtering gas masks
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS in a case against a 20-member cartel* The total fines imposed upon manufacturers and suppliers of civilian gas masks exceeded 75 million RUB The 9th Arbitration Appeal Court in Moscow reversed the ruling of the Court of First Instance and agreed with FAS arguments. (...)

The Indian Competition Authority dismisses cartel allegations against 37 suppliers of signaling cables to national railways (North Western Railway / Rajasthan Transformers and Switchgears)
Vaish Associates Advocates (New Delhi)
CCI closes allegation of cartel against 37 suppliers of signaling cables to Indian Railways* The Competition Commission of India (CCI/Commission ) by way of an order dated 12 July 2018 rejected the findings of the Director General (DG) and closed the case against 37 signaling cable (...)

The Moldovan Competition Authority prosecutes three companies for bid-rigging in public procurement of various software solutions (BTS PRO / MSA / Esempla Systems)
University of Macau - Faculty of Law (Macau)
On 28 June 2018, the Competition Council of the Republic of Moldova (CC) found that three undertakings, BTS PRO SRL, MSA Grup SRL, Esempla Systems SRL, have engaged in bid-rigging practices at the public procurement of various software solutions for the use by the public authorities. The CC’s (...)

The Moldovan Competition Authority qualifies irregularities in the public procurement of construction works admitted by the local administration as infringement of competition law (Mayorship of Chisinau)
University of Macau - Faculty of Law (Macau)
On 28 June 2018, the Competition Council of the Republic of Moldova (CC) has found that certain irregularities in the public procurement of construction services admitted by the mayorship of Chisinau should be qualified as infringement of competition law. On 19 March 2015, the Chisinau (...)

The Russian Competition Authority fines several companies for participating in a bid-rigging cartel on supplies of technological equipment for the Ministry of Defence (SpetsTekhMash / ProfBusiness / Stillag)
Russian Federal Antimonopoly Service (Moscow)
ST Petersburg companies are fined 200 million rub for a cartel* St Petersburg OFAS made decision with regard to “SpetsTekhMash” Trading House” Ltd., “ProfBusiness” Ltd. and two companies with the same name “Stillag” Trading House” Ltd., for participating in a bid-rigging cartel on supplies of (...)

The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika / Exomedic / Vascular / Balticamed / Life Medicine / Inmed)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a large cartel of medical products suppliers* Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)

The EU Court of Justice rules that Article 101 TFEU does not apply to circumstances where two separate and competing tenders are submitted by entities controlled by the same parent company (Specializuotas transportas)
Orrick, Herrington & Sutcliffe (Paris)
Does the EU Court of Justice “Specializuotas transportas” case ring the death knell of the French derogation to intra-group immunity? In its judgment Šiaulių regiono atliekų tvarkymo centras and Ecoservice projektai UAB (Case C-531/16) rendered on May 17, 2018, the EU Court of Justice has ruled (...)

The EU Court of Justice confirms that related undertakings are not obliged to disclose links between them to the public contracting authority and that they can submit non-concerted offers to the same bid (Šiauliai)
CMS Albiñana y Suárez de Lezo (Madrid)
In a preliminary ruling dated 17 May 2018, the European Court of Justice (“ECJ”) considered that related companies are not obliged to disclose links between them when submitting separate offers for public procurement contracts. However, the contracting authority will be obliged to verify that (...)

The EU Court of Justice Advocate General Campos Sánchez-Bordona suggests interpretation concerning the limitations of the contracting authority’s ability to demand full and unrestricted cooperation from undertakings seeking to reassure them that they have self-cleaned after participating in collusive practices in public markets (Vossloh Laeis)
University of Bristol - Law School
BID RIGGING, SELF-CLEANING, LENIENCY AND CLAIMS FOR DAMAGES: A BEAUTIFUL PROCUREMENT MESS? (C-124/17)* In his Opinion of 16 May 2018 in Vossloh Laeis, C-124/17, EU:C:2018:316 (not available in English), Advocate General Campos Sánchez-Bordona has offered an interesting view on the (...)

The Vilnius Regional Administrative Court upholds the Competition Authority’s decision fining two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
Walless (Vilnius)
On 14 May 2018, the Vilnius Regional Administrative Court upheld the decision of the Competition Council of the Republic of Lithuania fining two construction companies: UAB IRDAIVA and AB PST for entering into anti- competitive joint bidding agreement . The Court confirmed the Competition (...)

The Moldovan Competition Authority prosecutes two companies for bid rigging in public procurement of repair works by the local administration (Vanro-Com / Sardis Exim)
University of Macau - Faculty of Law (Macau)
On 22 March 2018, the Competition Council of the Republic of Moldova (CC) prosecuted Vanro-Com SRL and Sardis Exim SRL for concluding an anti-competitive agreement, aimed at distorting and preventing competition by participating with rigged bids at the public tender, organized by the Chişinău (...)

The Danish Competition Authority fines an association of passenger carriers for bid rigging (ØFP)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council finds that a decision by an association of passenger carriers on coordinating the association’s bids is illegal* On February 28, 2018, The Danish Competition Council (DCC) has found that, the association of passenger carriers Økonomisk Forening for Persontransport (...)

The Moldovan Competition Authority finds bid rigging practices in the public tenders for the procurement of various construction works (Ozun-Cons / Oztor / Eurodeviz)
University of Macau - Faculty of Law (Macau)
On 15 February 2018, the Competition Council of the Republic of Moldova (CC) found that Ozun-Cons SRL, Oztor SRL, Eurodeviz SRL have colluded on several occasions to participate with coordinated bids in the public tenders for the procurement of various construction works. The Project (...)

The EU Court of Justice confirms its anti-formalistic approach to the exclusion of tenderers on grounds of prohibitions of multiple bidding (Lloyd’s of London)
University of Bristol - Law School
INTERESTING CASE ON FUNCTIONAL APPROACH TO MULTIPLE BIDDING AND EXCLUSION OF TENDERERS (C-144/17)* its Judgment of 8 February 2018 in Lloyd’s of London, C-144/17, EU:C:2018:78, the Court of Justice of the European Union (CJEU) confirmed its increasingly pro-competitive and anti-formalistic (...)

The EU Court of Justice clarifies to what extent related undertakings may submit separate bids in the same tendering procedure (Lloyd’s / Aparcal)
Arendt & Medernach (Luxembourg)
This preliminary ruling relates to a tendering procedure launched by an Italian public authority, Arpacal, for the award for a public service contract for insurance. Two Lloyd’s ‘syndicates’ participated in the call for tenders. Their tenders were both signed by an agent of Lloyd’s General (...)

The Russian Competition Authority opens a proceeding against forensic equipment suppliers for cartel (Krim-Market)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed collusion between forensic equipment suppliers* Nine companies are guilty of collusion at auctions organized by the Ministry of Interior and Russian Federal Forensics Centre at the Ministry of Justice On 15 January 2018, the Federal Antimonopoly Service found that “Krim-Market” (...)

The Russian Competition Authority opens a proceeding for a cartel in the market of supplying gas chromatographs (Chromatec)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a cartel for supplying gas chromatographs* Actions of “Chromatec” and “Chromatec-Service Yoshkar-Ola” at an auction for the needs of the Federal Drug Control Service resulted in maintaining auction prices Having investigated an antimonopoly case, FAS found that “Chromatec” Special (...)

The Russian Arbitration Appeal Court upholds a cartel decision between suppliers of individual respiratory protection equipments (Tambovgalvanotekhnika)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed a cartel of 30 companies – suppliers of individual respiratory protective equipment* The cartel dividing the market between its participants maintained prices at 1 308 tenders On 10 January 2018 the 9th Arbitration Appeal Court confirmed legitimacy of FAS decision regarding 30 (...)

The Moscow Arbitration Court upholds the decision of the Competition Authority in a suppliers cartel case at the ministry of defence (Bely Medved)
Russian Federal Antimonopoly Service (Moscow)
Court confirmed legitimacy of fas decision on a suppliers cartel at the ministry of defence* Moscow Arbitration Court dismissed a claim of “Bely Medved” Ltd., “Koralkin” Ltd., “Millennium Klin” Ltd. on invalidating a FAS decision, that had found these companies and the group of persons comprising (...)

The Lithuanian Competition Council fines two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
Walless (Vilnius)
On 20 December 2017, the Competition Council of the Republic of Lithuania issued a decision finding that two construction companies: UAB IRDAIVA and AB PST breached the Lithuanian Law on Competition by entering into anti-competitive joint bidding agreement. UAB IRDAIVA was imposed a fine of (...)

The Lithuanian Competition Authority fines two construction firms for bid rigging in the market for renovation and modernisation of schools and kindergartens (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Competition council: joint bidding of two construction firms restricted competition* The Competition Council found that joint bids submitted by two Lithuanian construction firms UAB Irdaiva and AB Panevėžio statybos trestas (PST) restricted competition “by object”, in breach of Article 5 of the (...)

The Lithuanian Competition Authority fines undertakings for an anti-competitive joint-bidding agreement in 24 public tenders for construction services (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
On 20 December 2017 the Competition Council of the Republic of Lithuania adopted a decision finding that Panevėžio statybos trestas (PST) and Irdaiva concluded anti-competitive agreement by submitting joint bids in 24 public tenders for construction services. At the moment of adoption of the (...)

The Irish Competition Authority secures commitments from a number of universities to change their procurement practices in the supply of graduation gowns (National University of Ireland / Trinity College Dublin / Dublin City University / University of Limerick)
Irish Competition Authority (Dublin)
CCPC secures commitments in the supply of graduation gowns* The Competition and Consumer Protection Commission (CCPC) has secured Commitments from a number of Irish universities to change their procurement practices in the supply of graduation gowns. Following a complaint, the CCPC sought (...)

The UK Competition Authority launches digital tool to fight bid-rigging
United Kingdom’s Competition Authority - CMA (London)
CMA launches digital tool to fight bid-rigging* The CMA’s Screening for Cartels tool will help public procurement professionals identify suspicious behaviour by suppliers when bidding for contracts. The Competition and Markets Authority (CMA) has worked with Spend Network, a company (...)

The Lithuanian Supreme Administrative Court upholds the Competition Authority’s decision concluding a bid rigging agreement in the public procurement for the purchase of software development work (UAB Ministerium / Nebūk briedis / VšĮ TV Europa)
Lithuanian Competition Authority (Vilnius)
Supreme Administrative Court of Lithuania upheld Competition Council’s decision on bid ridding* The Supreme Administrative Court of Lithuania (Court) upheld the Competition Council’s decision on two bid rigging agreements. On 5 November 2015 the Council found that UAB Ministerium, UAB Nebūk (...)

The Indian Competition Authority dismisses allegations of anticompetitive conduct against a sound system manufacturer and concludes the manufacturer’s mandatory training for its distributors is justified (Harman International)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (CCI) dismisses allegations of anti-competitive conduct against Harman International (India) Pvt. Ltd* The CCI vide order dated September 6, 2017 has dismissed allegations of anti-competitive conduct against M/s. Harman International (India) Pvt. Ltd (‘OP’) for (...)

The Moldovan Competition Authority fines several undertakings for collusion in a public tender for road works (Ecosem / Irinda Prim / Litarcom)
University of Macau - Faculty of Law (Macau)
On 24 August 2017 the Competition Council (CC) discovered the price-fixing cartel in the form of bid rigging at public tender for acquisition of road construction and repairs works announced by the state-owned enterprise. The fines imposed on undertakings involved were calculated taking into (...)

The Hellenic Competition Authority fines undertakings active in the construction sector (AKTOR)
Hellenic Competition Authority (Athens)
Settlement Procedure - Infringement decision with fines addressed to undertakings active in the construction sector regarding infringements of Article 1 of the Greek Competition Act and Article 101 TFEU* The Hellenic Competition Commission (HCC), by unanimous decision, found that fifteen (15) (...)

The German Competition Authority allows a company to participate in the national consortium for the construction of military corvettes (ARGE K130)
European Commission (Brussels)
Bundeskartellamt has no serious objections to consortium for the construction of corvettes* Bonn, 19 July 2017: The Bundeskartellamt will not initiate a proceeding to examine whether the planned participation of German Naval Yards Kiel GmbH ("GNYK") in the consortium ARGE K130 violates the (...)

The Latvian Competition Authority fines nine distributors of professional stage equipment for bid-rigging (SGS Sistēmas)
Konkurences padome (Riga)
The CC detects bid-rigging among distributors of professional stage equipment* On 30 May, the Competition Council of Latvia (the CC) adopted a decision to impose a fine on nine companies, which had coordinated their activities within the framework of procurements of public and municipal (...)

The Latvian Competition Authority fines four providers of security services for bid-rigging (Bruks)
Konkurences padome (Riga)
The CC detects bid-rigging by four security companies* On 11 May, the Competition Council of Latvia (the CC) took a decision to impose a fine on four providers of security services – SIA “Bruks”, SIA RK “Nivios-LTD”, SIA “Puma” and SIA “Lat Jur Fin” – for lasting and systematic implementation of (...)

The Belgian Competition Authority fines several companies for bid-rigging (Siemens)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority imposes fines totalling 1 779 000 euros for a cartel in the context of a public contract* The Investigation and Prosecution Service of the Belgian Competition Authority (hereinafter “the Investigation and Prosecution Service”) sanctions a cartel between five (...)

The Swedish Patent and Market Court of Appeal overturns Stockholm District Court’s decision and finds three healthcare providers not guilty of cartel (Aleris / Capio / Hjärtkärlgruppen)
Mannheimer Swartling (Stockholm)
No Bid-Rigging in Swedish Healthcare Case* At the end of April this year, a Swedish case involving alleged procurement collusion in healthcare markets reached its final conclusion. In a reversal of fortunes for the Swedish Competition Authority (SCA), the Patent and Market Court of Appeal (...)

The Hellenic Competition Authority decides that the public procurement procedure had been rigged through cover bidding and bid suppression by companies in the construction sector (Pella)
Kyriakides Georgopoulos Law Firm (Athens)
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Kyriakides Georgopoulos Law Firm (Athens)
Bid-rigging in a local construction tender in Pella (HCC 644/2017) The HCC’s focus on bid-rigging in tenders for infrastructure works extended to a smaller tender of local interest which led again to the imposition of considerably smaller, yet still noteworthy, fines. In November 2010, in the (...)

The Indian Competition Authority fines 7 cement manufacturers for bid rigging (State of Haryana / Cement Manufacturers)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty of INR 205 Crores on 7 cement manufacturers for bid-rigging in supply of cement to Director General (Supplies and Disposal), Haryana* CCI by its order dated January 19, 2017 has imposed a penalty for bid-riggingon 7 cement manufacturers, viz. Shree Cement Limited, Ultratech (...)

The Indian Competition Authority approves its first leniency application and reduces by 75% the fine imposed on the leniency applicant in a bid-rigging case in the railway sector (Pyramid Electronics / Kanwar Electricals / Western Electric and Trading Company)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (CCI) decides its first application for leniency in Cartels* CCI by its order dated January 18, 2017 decided its first leniency application in favour of the applicant by reducing the fine imposed by 75%. The application was filed on 10 March 2015 by one of the (...)

The Spanish Competition Authority issues guidance to identify potential fraud in public procurement
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
On 18 January 2017, the SCA has published guidance providing information regarding the prosecution of competition law irregularities in the area of public procurement (Guidance). In recent years, the SCA has fined several companies for bid-rigging (e.g., adult-diapers, (...)

The Italian Anti-Corruption Authority adopts guidelines making antitrust infringements ground for exclusion from public procurement procedures
Court of Justice of the European Union
On 19 April 2016, legislative decree n. 50/2016 containing the new Italian Public Procurement Code (PPC) entered into force. The PPC aims to implement, among others, Directive 2014/24/EU which sets out, at Article 57, a number of mandatory and discretionary grounds for excluding an economic (...)

The Slovenian Administrative Court annuls Competition Authority’s decision on construction bid rigging cartel for insufficient ground for a conclusion on restriction by object (Maribor Medical Emergency Unit)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
By the decision as of 21 May 2015, the Slovenian Competition Protection Agency (»the Agency«) established that construction undertakings GH Holding, Tames and Begrad (collectively: “Undertakings”) had colluded in the tender procedure for the construction of Maribor Medical Emergency Unit by (...)

The Indian Competition Appellate Tribunal upholds the Competition Authority’s decision against 4 public insurance companies but reduces fines to avoid overburdening the taxpayers (National Insurance / New India Insurance / Oriental Insurance / United India Insurance)
Vaish Associates Advocates (New Delhi)
COMPAT upholds CCI order against four Insurance Companies, but reduces penalty* COMPAT vide order dated December 09, 2016 has upheld CCI order dated July 10, 2015 passed under section 27 of the Act against Public Sector Insurance Companies for bid-rigging while reducing the penalty from Rs. (...)

The Latvian Competition Council fines three undertakings for bid-rigging in municipal waste collection and transportation sector (Ekoaplinka)
Konkurences padome (Riga)
Anti-competitive agreement in municipal waste collection and transportation sector* On December 8, 2016 the Competition Council found that in 2015 UAB Ekoaplinka, UAB Ecoservice and UAB Marijampolės švara (hereinafter – Companies) concluded a collusive bidding agreement while participating in the (...)

The Latvian Competition Council fines two firms for bid-rigging in the purchase of machinery market (Rovaltra / Žagarės inžinerija)
Konkurences padome (Riga)
Competition council disclosed an anti-competitive agreement in public procurement* On December 5, 2016 the Competition Council found that in 2014 UAB Žagarės inžinerija and UAB Rovaltra (hereinafter – Companies) concluded a collusive bidding agreement while participating in the public procurement (...)

The Romanian Competition Council fines five milk producers for rigging (Albalact)
Romanian Competition Council (Bucharest)
The Competition Council had sanctioned five milk producer companies for rigging the bids* The Competition Council had sanctioned five milk producer companies with fines of 8,591,540 lei (approx. 1,9 milion Euro) for rigging the bids organized in 2010-2011 in Giurgiu, Ialomita and Dolj counties (...)

The Indian Competition Appellate Tribunal reverses the Competition Authority’s fine on pharmaceutical companies in a bid-rigging case (GlaxoSmithKline / Sanofi)
Vaish Associates Advocates (New Delhi)
COMPAT sets aside penalty against GSK Pharmaceuticals Ltd. (GSK) and Sanofi Ltd. (Sanofi) for alleged bid-rigging in procurement of meningitis vaccine for Haj and Umrah pilgrims by Ministry of Health and Family Welfare* COMPAT by its order dated November 8, 2016, has set aside the penalty (...)

The Indian Competition Authority dismisses allegations of bid rigging against PVC vinyl flooring manufacturers (Responsive Industries / RMG Polyvinyl India / Premier Polyfilms)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (CCI) dismisses allegations of bid-rigging against in supply of PVC Vinyl flooring to railways* CCI by its order dated September 21, 2016 has dismissed allegation against manufacturers of PVC Vinyl flooring in relation to supply of “PVC Flooring (Vinyl) width (...)

The Polish Competition Authority fines three brothers for bid rigging (Jan / Leon / Sławomir Rybak)
WKB Wierciński Kwieciński Baehr (Warsaw)
By way of its decision of 19 August 2016, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of over PLN 40,000 (approx. EUR 10,000) on three timber companies engaged in bid rigging, influencing the outcome of tender for logging and timber (...)

The Spanish Competition Authority fines 8 companies and 9 of their executives for their involvement in a cartel and bid rigging case in the public procurement process on the national railway market (Infraestructuras Ferroviarias)
European Commission (Brussels)
The CNMC fines four companies and nine of their executives € 5.64 million for dividing up the awards for supplying ADIF with rail turnouts* The CNMC fined € 5.58 million Amurrio Ferrocarril y Equipos, S.A, Jez Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U for a (...)

The Hong Kong Competition Authority issues a report on the residential building renovation and maintenance market
Hong Kong Competition Commission
Competition Commission announces results of its study into aspects of the residential building renovation and maintenance market* The Competition Commission (Commission) today (24 May) released a report outlining the results of its study into certain aspects of the residential building (...)

The German Competition Authority fines a manufacturer of railway sleepers for an anticompetitive agreement concerning public procurement (Durtrack)
German Competition Authority (Bonn)
Bundeskartellamt concludes proceedings against manufacturers of railway sleepers* The Bundeskartellamt has concluded its investigation proceedings against manufacturers of concrete and wooden railway sleepers and imposed a fine on one manufacturer of concrete railway sleepers. The proceedings (...)

The EU Commission opens a preliminary antitrust investigation in relation to possible collusion in the money transfert market (Western Union)
Simmons & Simmons (London)
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Simmons & Simmons (London)
In February 2016, it was reported that the European Commission is undertaking a preliminary antitrust investigation in relation to possible collusion in the money transfer market, continuing the trend of the Commission focussing on the financial sector in recent years. Focus of the (...)

The Latvian Competition Authority sets its priorities for 2016
Konkurences padome (Riga)
Priority for 2016: Equal Competition as both Private and Public Responsibility* According to the analysis of the results of last year’s work and to market topicalities in Latvia and worldwide, the Competition Council (CC) of Latvia has set its priorities for 2016. Among other significant (...)

The Indian Competition Authority closes cartel case against general insurance public sector enterprises and their associations (TPAs / GIPSA)
Vaish Associates Advocates (New Delhi)
Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization* The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance (...)

The Polish President of the Office of Competition and Consumer Protection imposes sanctions on two undertakings for colluding in public-institution tenders for the supply of bread (Natex / Dziewit)
Hansberry Tomkiel (Warsaw)
I.Introductory remarks In its decision no RKR-18/2015 dated 30 December 2015 (the “Decision”,) the Polish Office for Competition and Consumer Protection (“OCCP”) sanctioned two undertakings from the Subcarpatian Voivodship in Poland: „Firma Produkcyjno Usługowa NATEX Sylwia Graniczka” (”Natex”), a (...)

The Stockholm City Court fines three healthcare providers for cartel (Aleris / Capio / Hjärtkärlgruppen)
Swedish Competition Authority (Stockholm)
High cartel fines for health care providers* Three health care providers that collaborated unlawfully in the procurement of health care services in Stockholm were ordered by Stockholm City Court to pay around SEK 28 million in fines. “I am very satisfied with the court’s clear message that (...)

The Polish Competition Authority annuls a decision sanctioning an alleged cartel of major mobile telecom operators for cooperating in connection with tender proceedings (Mobile TV / ITF)
Dentons (Warsaw)
On 23 September 2015, the Polish Court of Competition and Consumer Protection (“SOKiK”) issued a judgment in case no. XVII AMA 112/12 in which it annulled the Chairperson of the Office for Competition and Consumer Protection’s (“UOKiK”) decision of 23 November 2011 in case no. DOK-8/2011. The case (...)

The Latvian Competition Authority issues warnings against 15 tenderers of public procurements suspected of bid-rigging
Konkurences padome (Riga)
Competition Authority warns 15 Undertakings* In the first half of 2015, the Competition Council (CC) of Latvia has issued warnings to 15 undertakings under suspicion of breach of the Competition Law. Most warnings have been issued to tenderers of public procurements, thus once again proving (...)

The Danish Competition Council holds that a consortium which won a public tender was anti-competitive by object (LKF / Eurostar)
Gorrissen Federspiel (Copenhagen)
A consortium turned out to be a cartel* In a landmark decision taken on 24 June 2015, the Danish Competition Council (DCC) held that a consortium which won a public tender was anti-competitive by object. In following the Danish Competition and Consumer Authority’s (DCCA) recommendation, the DCC (...)

The OECD holds a roundtable on competition and the use of tenders and auctions
OECD - Competition Division (Paris)
Executive summary, by the Secretariat * From the discussion at the two Hearings held by WP2 in December 2014 and June 2015, the Issues Notes, the delegates’ submissions and invited presentations and papers, the following points emerge: (1) Competition is indispensable to a well-functioning (...)

The Indian Competition Commission fines pharmaceutical companies for bid rigging in a public tender sector (GlaxoSmithKline / Sanofi)
Amit Sibal (New Delhi)
CCI fines GSK and Sanofi for bid rigging* It has been quite a while since I posted an India update on Cartel Capers. This was partly due to the fact that the CCI has been relatively quiet on the cartel front for the last few months and partly because I have also been relatively busy with (...)

The Pakistani Competition Authority issues an opinion concerning public procurement of electric power equipment
Competition Commission of Pakistan (Islamabad)
CCP issues opinion to address competition concerns in public procurement of electric power equipment* The Competition Commission of Pakistan (CCP) has issued an Opinion under Section 29 of the Competition Act, 2010 containing its recommendations in the matter of procurement of electrical (...)

The Norwegian Court of Appeals upholds that a joint bid submitted under a public tender constituted an anti-competitive agreement by object (Ski Taxi / Follo Taxisentral / Ski Follo Taxidrift)
Haavind (Oslo)
Joint bid labelled ‘by object’ infringement* Appeals court upheld decision against local taxi cooperatives’ bidding consortium In a judgment of 17 March 2015, Borgarting appeals court in Oslo upheld the Norwegian Competition Authority’s decision against two local taxi cooperatives and a jointly (...)

The Polish Competition Authority fines companies involved in bid-rigging practices concerning tenders in the rail sector (Kombud / KZA Lublin / Bombardier Transportation Polska)
WKB Wierciński Kwieciński Baehr (Warsaw)
In the decision no. DOK – 10/2014 of 30 December 2014, the Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, the “PCA”) imposed a fine of almost PLN 7 million (ca. €1.68 million) on three companies involved in alleged bid-rigging practices during a tender for a contract (...)

Dominance

The Russian Competition Authority notes the end of a restriction of competition in the water supply and sanitation market in compliance with its previous order (Kirov city Administration)
Russian Federal Antimonopoly Service (Moscow)
KIROV ADMINISTRATION COMPLIED WITH THE ORDER OF THE FAS RUSSIA* The authority’s response act was related to the restriction of competition in the water supply and sanitation market The Kirov city Administration fully complied with the order of the Antimonopoly Service. The authority issued it (...)

The Canadian Competition Authority fines an engineering firm $3.2 million for bid-rigging on municipal infrastructure contracts (CIMA+)
Canadian Competition Bureau (Gatineau)
CIMA+ to pay $3.2 million in latest Québec bid-rigging settlement* Competition Bureau investigation has led to more than $12M in payments by six colluding firms Engineering firm CIMA+ has been ordered to pay $3.2 million over the next four years for bid-rigging on municipal infrastructure (...)

The Albanian Competition Authority ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Albanian Competition Authority
REPUBLIC OF ALBANIA COMPETITION AUTHORITY* The Competition Authority informs that: Today on 21.09.2020, the Administrative Court of First Instance in Tirana decided: To uphold the Competition’s Commission Decision no. 693, dated 14.05.2020 "To ascertain the abuse of the dominant position of (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Giannino SI (Monserrato)
Introduction On 23 June the Italian Competition Authority (ICA) has upheld a provision interim order in the context of an Article 102 TFEU investigation in the TPL Toscana case . The ICA was satisfied that there was a prime facie case for an Article 102 TFEU breach that justified the granting (...)

The Italian Competition Authority investigates whether a current gas distribution concessionaire abused dominance to delay competitive bidding for the next concession (Italgas Reti)
Italian Competition Authority (Rome)
ICA: investigation launched into Italgas to verify abusive practices in the tender for the gas distribution service in some municipalities in the province of Venice* The Authority has decided to launch an investigation to verify whether Italgas Reti Spa, the current operator under extension of (...)

The Croatian Competition Authority finds a lack of standing to act against a public forestry and woodland management company for allegations of discriminatory behavior in the public tenders for the sale of wood chips and firewood for the production of electricity and heat (Hrvatske šume)
Croatian Competition Agency (Zagreb)
Lack of standing to act against Hrvatske šume* Following a complaint by an anonymous complainant alleging discriminatory behaviour, in the market investigation that the Croatian Competition Agency (CCA) carried out within the case Class: 034-08/19-01/022, it investigated the contracts on the (...)

The Moldovan Competition Authority qualifies irregularities in the public procurement of sports equipment admitted by the local administration as an infringement of competition law (Chişinău Municipal Council)
University of Macau - Faculty of Law (Macau)
On 6 September 2018, the Competition Council of the Republic of Moldova (CC) concluded that the Chişinău Municipal Council (CMC) has organized the procurement of certain sports equipment in violation of public procurement legislation, which led to the restriction of competition on the relevant (...)

The Moldovan Supreme Court of Justice quashes a Competition Authority’s decision regarding refusal to supply in the context of public procurement of pharmaceutical products (Esculap-Farm)
University of Macau - Faculty of Law (Macau)
On 25 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

The Moldovan Supreme Court of Justice upholds the NCA decision concerning refusal to supply in the context of public procurement of pharmaceutical products (Medeferent)
University of Macau - Faculty of Law (Macau)
On 4 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has upheld the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

The Indian Competition Authority dismisses abuse of dominance allegations against state corporation in the market for procurement of bus chassis (Uttar Pradesh State Road Transport Corporation)
Vaish Associates Advocates (New Delhi)
CCI dismisses allegations of anti-competitive conduct against Uttar Pradesh State Road Transport Corporation* The CCI vide its order dated September 7, 2017 dismissed allegations of contravention of Section 3 and 4 by Uttar Pradesh State Road Transport Corporation (UPSRTC) (OP) by VE (...)

The Chinese NDRC investigates on administrative monopolies in drug procurement for public hospitals in Shenzhen and Guanxian
University of Melbourne
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University of Melbourne
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China Competition Bulletin (Beijing)
The NDRC, its local Guangdong bureau, and the SAIC recently investigated separate administrative monopoly cases involving drug procurement for public hospitals. Previously, the NDRC and its local offices had investigated drug procurement practices by local health and family planning commissions (...)

The Indian Competition Authority opens an investigation into bid-rigging by a state government department (Government of Haryana Public Works Department)
Vaish Associates Advocates (New Delhi)
CCI initiates investigation against Public Works Department (PWD), Government of Haryana* CCI by its order dated 27 February 2017 has initiated investigation against PWR, Govt. of Haryana for abuse of dominance in relation to inviting of bids for construction of rail over bridge in Karnal (...)

The Indian Competition Authority finds no abuse of dominance in the market for industrial bearings (Shah Associates / Timken India)
Vaish Associates Advocates (New Delhi)
Background and Allegation Information was filed before the Competition Commission of India (“CCI/Commission”) by M/s Shah Associates (“Informant”) alleging abuse of dominance by Timken India Limited (“Timken”). The informant is engaged in the business of trading in bearings, gear boxes and chains (...)

The Chinese Sandong and Ningxia Administrations for Industry and Commerce fines a public undertaking for forcing several companies to purchase goods (Jinan Public Transportation / Yinchuan Public Transportation)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
On 21 April 2016, the SAIC reported a case where the Shandong AIC and the Ningxia AIC fined local bus companies for breaching Article 6 of the AUCL, which provides that public enterprises and other state- sanctioned monopolies must not force others to purchase goods from designated parties and (...)

The Indian Competition Authority opens an investigation into possible abuse of dominance by a seaport and coal terminal (Tamil Nadu Power Producers Association / Chettinad International Coal Terminal)
Vaish Associates Advocates (New Delhi)
CCI to investigate the Chettinad International Coal Terminal Pvt. Ltd. and Kamarajar Port Ltd. for alleged abuse of dominance* CCI by its order dated January 4, 2016 has initiated an investigation against Kamarajar Port Ltd. (the erstwhile Ennore Port) and Chettinad International Coal Terminal (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 4 State Governments’ Departments of Information and Public Relations because those Departments are not dominant in local advertising markets (Departments of Information and Public Relations)
Vaish Associates Advocates (New Delhi)
CCI dismisses allegation of abuse of dominance against various States’ Department of Information and Public Relations* CCI by its order dated August 5, 2015 dismissed allegations against Departments of Information and Public Relations of various State Governments. It was alleged that the (...)

The French Competition Authority receives commitments from a railway company aimed at increasing the autonomy of its subsidiary in the market for advice and technical assistance to transport network operators (SNCF / Keolis / Transdev)
French Competition Authority (Paris)
The SNCF takes steps towards the increased autonomy of its subsidiary Keolis in the market of advice and technical assistance to urban transporters. The Autorité de la concurrence consults the market on the proposed commitments* Within the scope of a procedure initiated before the Autorité de (...)

Mergers

The German Competition Authority expresses concerns over the merger between two food retailers (Edeka / Real stores)
German Competition Authority (Bonn)
Bundeskartellamt has concerns about Edeka’s acquisition of Real stores – negotiations on commitments* The Bundeskartellamt is currently examining plans by the Edeka group to acquire up to 72 Real stores from SCP Retail S.àr.l. Based on its preliminary assessment, the authority has competition (...)

The Portuguese Competition Authority prohibits a merger in the public road transport services market (Transdev / Grupo Fundão)
Van Bael & Bellis (Brussels)
On 6 October 2020, the Portuguese Competition Authority (“AdC”) issued a decision prohibiting the Transdev Group’s acquisition of Grupo Fundão as well as public transport service concessions currently held by Transerramar and Auto Transportes do Fundão. Both Transdev and Grupo Fundão occupy strong (...)

The Portuguese Competition Authority prohibits an acquisition due to the risk of eliminating competition in the passenger transportation sector (Grupo Fundão / Transdev Group)
Portuguese Competition Authority (Lisbon)
AdC prohibits the acquisition of Grupo Fundão by the Transdev Group due to risk of eliminating competition in passenger transportation in central Portugal* The AdC (Portuguese Competition Authority) issued a prohibition decision relative to the acquisition of Grupo Fundão as well as of the (...)

The EU Commission proposes a merger control legislation for the acquisition of foreign-subsidised companies’
Skadden, Arps, Slate, Meagher & Flom (London)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The European Commission’s (EC) June 2020 white paper proposing wide-ranging controls over foreign-subsidized companies’ access to Europe’s internal market has received fresh impetus. In a report issued earlier this month, the European Union’s (EU) audit body faulted the EC for a hitherto (...)

The French Ministry of Economy clears “Phase III” review and imposes commitment to maintain employment (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
On 19 July 2018, the French Ministry of Economy (“Ministry”) announced a revised clearance of Cofigeo’s acquisition of the ready meals business of Agripole. This is the first time in the history of French merger control that the Ministry has reviewed a transaction on public interest grounds under (...)

The French Government reviews deal on public interest grounds for first time (Financière Cofigeo / Agripole group)
Van Bael & Bellis (Brussels)
On 14 June 2018, the French Ministry of Economy announced its intention to carry out, for the first time, a public interest review of Cofigeo’s acquisition of the ready meals business of Agripole. In addition to a standard merger review by the French competition authority (“FCA”), French law (...)

The Competition Commission of India fines an undertaking for failing to notify a merger within 30 days of the trigger date (GE)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
The Competition Commission of India (CCI) has recently imposed a penalty of INR 5 crores (approximately USD 750,000) on GE for its failure to notify the proposed acquisition of Alstom companies within 30 days of the trigger date. The penalty imposed on GE is the highest penalty for late filing (...)

State Aids

The EU Commission decides that an incompatible aid was granted by the Estonian ministry of rural affairs to a private company that produced milk, meat and cereals (AS Tartu Agro)
College of Europe (Bruges)
Lease Contracts and Competitive Selection* Introduction After receiving a complaint, the Commission opened a formal investigation into alleged State aid granted by the Estonian Ministry of Rural Affairs to AS Tartu Agro, a private limited company, which produced milk, meat and cereals. (...)

The EU Commission approves a competitive tender mechanism to compensate for early closure of hard coal-fired power plants in Germany
DG COMP (Brussels)
State aid: Commission approves competitive tender mechanism to compensate for early closure of hard coal-fired power plants in Germany* The European Commission found that a competitive tender mechanism introduced by Germany to compensate hard coal-fired power plants for phasing out earlier (...)

The EU Court of Justice leaves intact the Commission’s finding that e-procurement is a service of general interest which can be commercially exploited insofar as the State does not offer the service itself (TenderNed)
University of Bristol - Law School
In its Judgment of 7 November 2019 in Aanbestedingskalender and Others v Commission, C-687/17 P, EU:C:2019:932 (the ‘TenderNed’ case), the Court of Justice of the European Union (CJEU) rejected the appeal against the earlier Judgment of the General Court (GC) of 28 September 2017 (T-138/15, (...)

The EU Court of Justice provides further guidance on how economic activities linked to non-economic functions must be treated in a State aid context (Aanbestedingskalender)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission concludes on the constitution and the compatibility of a State aid in the postal service market (Poste Italiane)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves the compensation provided by the UK to the incumbent postal operator for the extra costs of the public services provided for the 2018 - 2021 period (Post Office Limited)
College of Europe (Bruges)
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

Procedures

The Danish Competition Appeal Tribunal establishes that public contracting authorities are obliged to exclude tender constellations which are considered to be in breach of competition law (Peak Consulting Group)
Bird & Bird (Copenhagen)
,
Bird & Bird (Copenhagen)
The Danish Complaints Board for Public Procurement (“Board of Appeal”) has in a recent decision established that a consortium agreement which is in breach of Article 101 TFEU or Article 6 in the Danish Competition Act will be invalid, thus also making the bid and any contracts engaged in by the (...)

The UK Government publishes green paper on transforming public procurement
Morgan Lewis (London)
,
Morgan Lewis (New York)
The UK government published a Green Paper on December 15 that includes proposals to shape the future of public procurement in the United Kingdom by speeding up and simplifying public sector procurement processes. When the United Kingdom was a member of the European Union it had to comply with (...)

The UK Government publishes a green paper proposing fundamental reforms of the public procurement rules governing the purchase of goods, works and services by the public sector and certain utilities
Herbert Smith Freehills (Brussels)
,
Herbert Smith Freehills (London)
,
Herbert Smith Freehills (London)
The UK Government has published a Green Paper proposing fundamental reforms of the public procurement rules governing the purchase of goods, works and services by the public sector and certain utilities. Those rules are currently set out in a series of UK regulations that are based very (...)

The Spanish Competition Authority confirms the final version of the guide on competition compliance programmes as a mitigating factor and means of avoiding public procurement bans
Herbert Smith Freehills (Madrid)
,
Herbert Smith Freehills (Madrid)
,
Herbert Smith Freehills (Madrid)
The Spanish National Markets and Competition Commission (“CNMC”) has confirmed in the final version of the Guide on compliance programmes in relation to competition rules (the “Guide”) that compliance programmes could potentially modulate the penalties imposed on companies investigated for (...)

The Spanish Competition Authority publishes guidelines on compliance programmes
Ashurst (Madrid)
,
Ashurst (Madrid)
Spanish authority publishes compliance guidance The Spanish competition authority ("CNMC") has published a "Guide on Regulatory Compliance Programmes in Relation to Competition Law" (the "Compliance Guide") which provides guidance on the circumstances in which internal compliance programmes (...)

The Mexican Competition Authority suspends legal timeframes for most procedures due to COVID-19, except for mergers, public tenders, concessions, and permits Free
Mexican Competition Authority (Mexico City)
The Board of Commissioners decrees to stop legal terms for some procedures filed before COFECE* This measure does not apply to procedures for the notification of concentrations, the verification of notifications for concentrations that were legally bound to be presented before the Commission, (...)

The Brazilian Competition Authority considers using a new economics test with Moran’s I statistic to detect collusive behavior between competitors bidding in public procurement auctions
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
New cartel screening tool may enhance investigations by CADE* A new working paper published by the authority explores the possibility of applying statistics to public procurement auctions. CADE’s Department of Economic Studies (DEE) released, in December, a working paper discussing the (...)

The High Court of Delhi holds that the absence of a judicial member does not invalidate proceeding and orders passed by the Competition Commission of India (Cadd)
Trilegal (Mumbai)
,
Trilegal (Bangalore)
,
Trilegal (Mumbai)
The Hon’ble High Court of Delhi (Delhi HC) recently held that orders passed and proceedings held by the Competition Commission of India (CCI) in the absence of a judicial Member cannot be invalidated. This decision of the Delhi HC abundantly clarifies that orders passed by the CCI in competition (...)

The Chinese Government establishes the State Administration for Market Regulation (SAMR) combining the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission, the Antimonopoly Bureau of the Ministry of Commerce and the Antimonopoly and Anti-unfair Competition Bureau of the State Administration of Industry and Commerce
Jones Day (Beijing)
,
Jones Day (Beijing)
,
Jones Day (Beijing)
China recently established the State Administration for Market Regulation ("SAMR"), which combines the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National Development and Reform Commission ("NDRC"), the Antimonopoly Bureau of the (...)

The Supreme Court of Lithuania refers a question for preliminary ruling to the CJUE in order to clarify in-house exemption ruling (Irgita)
Cobalt Legal (Vilnius)
NOTHING LEFT TO SAY ABOUT THE IN-HOUSE EXEMPTION? THINK TWICE* On April 13, 2018 the Supreme Court of Lithuania (SCoL) decided to stay proceedings and refer a question for preliminary ruling to the Court of Justice of the European Union (CJEU) in a case that raises new questions related to the (...)

The China’s Antitrust Regulator Ramps Up Scrutiny, Enforcement of Behavioral Remedies
Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
In March 2018, China’s State Council announced the establishment of a unified market regulator, the State Administration for Market Regulation (SAMR), which now is responsible for all antitrust enforcement in China. Previously, antitrust enforcement in China was administered by three separate (...)

The EU Court of Justice holds that a member State must establish that national secure interest protection could not be reached with the EU public procurement rules to obtain a derogation (Austrian public contracts of printing secure documents)
University of Bristol - Law School
WHY CALL IT ESSENTIAL NATIONAL INTEREST WHEN YOU MEAN CONTROL? THOUGHTS ON THE CONVERGING EXCEPTIONS TO THE EU PROCUREMENT RULES A PROPOS THE AUSTRIAN PASSPORTS CASE (C-187/16)* In its Judgment of 20 March 2018 in Commission v Austria (Imprimerie d’État), C-187/16, EU:C:2018:194, the Court of (...)

The EU Court of Justice holds that when public entity makes no selection between the admissible tenderers it does not constitute public contract (Tirkkonen)
University of Bristol - Law School
THE END OF PROCUREMENT AS WE KNEW IT? CJEU CONSOLIDATES FALK PHARMA APPROACH TO DEFINITION OF PROCUREMENT IN TIRKKONEN (C-9/17)* In its Judgment of 1 March 2018 in Tirkkonen, C-9/17, EU:C:2018:142, the Court of Justice of the European Union (CJEU) had to assess whether a scheme with the (...)

The EU Court of Justice accepts the compatibility with EU procurement rules of domestic provisions which enable tenderers for public contracts to remedy any irregularities in their tenders (MA.T.I. SUD)
University of Bristol - Law School
CJEU GREENLIGHTS ‘REMEDYING PROCEDURAL SHORT-COMINGS IN RETURN FOR (PROPORTIONATE) PAYMENT’ (C-523/16 & C-536/16)* In its Judgment of 28 February 2018 in MA.T.I. SUD, C-523/16, EU:C:2018:135, the Court of Justice of the European Union (CJEU) accepted the compatibility with EU public (...)

The EU Court of Justice Advocate General Campos Sánchez-Bordona suggests that contracting authorities duty to require tenderers providing certificates attesting compliance with the applicable technical specifications needs not always be prior to the award of the contract (VAR)
University of Bristol - Law School
WHEN WILL YOU SHOW ME THE PAPERS? TECHNICAL CAPACITY, TECHNICAL DOSSIERS AND VERIFICATION DURING THE PROCUREMENT PROCESS (C-14/17)* In his Opinion of 28 February 2018 in VAR, C-14/17, EU:C:2018:135 (not available in English), AG Campos Sánchez-Bordona addressed a tricky preliminary question (...)

The EU General Court provides guidance on rejection of tenders if evaluation and award decisions are adopted through two-tier bodies (Kenup Foundation and others)
University of Bristol - Law School
REJECTION OF TENDERS FOR EU RESEARCH FUNDING, ANY LESSONS FOR PROCUREMENT? (T-76/15)* In its Judgment of 18 January 2018 in Kenup Foundation and Others v EIT, T-76/15, EU:T:2018:9, the General Court of the Court of Justice of the EU (GC) assessed the compatibility with EU law of the rejection (...)

The EU Court of Justice confirms that the absence of self-certification is a discretionary exclusion ground in a public procurement sector (Impresa di Costruzioni Ing. E. Mantovani / RTI Mantovani e Guerrato)
University of Bristol - Law School
ECJ confirms discretion to exclude tenderers for not updating self-certifications and points towards potential general obligation of sincere cooperation (C-178/16)* In its Judgment of 20 December 2017 in Impresa di Costruzioni Ing. E. Mantovani and RTI Mantovani e Guerrato, C-178/16, (...)

The EU General Court addresses the duty to provide reasons (European Dynamics Luxembourg and Evropaïki Dynamiki)
University of Bristol - Law School
TWO RECENT CASES ON TRANSPARENCY & ACCESS TO DOCUMENTS IN EU INSTITUTIONAL PROCUREMENT (II) (T-164/15)* Two recent General Court judgments have addressed different aspects of transparency duties and access to documents requirements in EU Institutional procurement [for discussion, see A (...)

The EU General Court adresses issues related to documents requirements in EU Institutional procurement (Evropaïki Dynamiki)
University of Bristol - Law School
Two recent cases on transparency & access to documents in EU Institutional procurement (I) (T-136/15)* Two recent General Court judgments have addressed different aspects of transparency duties and access to documents requirements in EU Institutional procurement [for discussion, see A (...)

The Lithuanian Supreme Court requires the tender documentation to be precise and accurate even when the contracting authority refers to information given by the third party (Energijos parkas)
Cobalt Legal (Vilnius)
WHAT ABOUT SOME TRUE STATEMENTS WHILE DRAFTING THE PROCUREMENT DOCUMENTS?* The Supreme Court of Lithuania has recently decided on the public buyers’ obligation to be accurate and precise while drafting the procurement documentation, as well as on the liability of the contracting authorities (...)

Advocate General Campos-Bordona proposes the EU Court of Justice to declare fines for clarification or supplementation of procurement documents as contrary to EU law only if disproportionate (Ma.t.i. Sud)
University of Bristol - Law School
AG suggests CJUE should declare fines for clarification or supplementation of procurement documents as contrary to EU law only if disproportionate (C-523/16)* In his Opinion of 15 November 2017 in case MA.T.I. SUD, C-523/16, EU:C:2017:868, Advocate General Campos Sánchez-Bordona has considered (...)

The EU General Court considers that excessive qualitative criteria in public procurement artificially narrow down competition (Jema Energy)
University of Bristol - Law School
Mixed views on General Court decision concerning claim of ’artificial narrowing of competition’ through too strict procurement selection requirements (T-668/15)* In its Judgment of 10 November 2017 in Jema Energy v Entreprise, T-668/15, EU:T:2017:796 (only available in Spanish and French), the (...)

The Moldovan Supreme Court of Justice clarifies the rules on the appointment of the members of the Competition Authority (Feodor Gladii)
University of Macau - Faculty of Law (Macau)
On 19 July 2017, the Supreme Court of Justice (SCJ) of the Republic of Moldova has clarified the procedural rules concerning the appointment of the members of the Competition Council (CC) in a case concerning the alleged discrimination at the workplace. The Moldovan Competition Law provides (...)

The Antitrust Division of the DOJ sentences the fifth foreign executive extradited to face charges in the United States (Yuval Marshak)
Morgan Lewis (Silicon Valley)
Five foreign executives have been extradited and convicted since 2010, reinforcing the Division’s continued emphasis on extradition in recent years. On March 13, 2017, the Antitrust Division (Antitrust Division) of the US Department of Justice (DOJ) convicted its fifth foreign executive who was (...)

The German Federal Ministry of Economics and Energy submits a draft bill for a register of economic crimes and administrative offences
Blomstein (Berlin)
Good things come to those who wait? - The German Federal Ministry of Economics and Energy submits a draft bill for a so-called "register of competition"* The idea of a nationwide “register of corruption” has haunted the German procurement law world for years. Now the German Federal Ministry of (...)

The EU Court of Justice accepts use of "sure refund" good conduct guarantees in public procurement litigation (Star Storage)
University of Bristol - Law School
ECJ deviates from AG Sharpston’s opinion and accepts use of "sure refund" good conduct guarantees in public procurement litigation (C-439/14 and C-488/14)* In its Judgment of 15 September 2016 in Star Storage, joined cases C-439/14 and C-488/14, EU:C:2016:688, the European Court of Justice (...)

The French Supreme Court holds that a jurisdiction or arbitration clause cannot be used by foreign undertakings to discard the application of provisions on unfair trade practices when the action is brought by the Minister of the economy (Apple)
French Competition Authority (Paris)
In a recent decision, the French Supreme Court had to decide whether or not a jurisdiction clause or an arbitration clause could be used by foreign companies to discard the application of French law enforcement concerning unfair trade practices, e.g. Article L. 442-6 of the Commercial Code. (...)

The Hungarian Parliament adopts the new Public Procurement Act (Act CXLIII)
Baker McKenzie (Budapest)
The new Hungarian Public Procurement Act (PPA) applicable from 1 November 2015 brings fundamental changes by introducing automatic mandatory debarment from public procurement tenders as a consequence of any violation of Art. 101 TFEU or its national equivalents. This is a major change compared (...)

Regulations

The Dutch Competition Authority recommends to the Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany (Train between Eindhoven and Düsseldorf)
Netherlands Authority for Consumers & Markets (The Hague)
ACM recommends Dutch government to include a requirement to cooperate in the tender conditions for a new train service to Germany* A requirement to cooperate with other market participants may be included in the concession conditions of the international rail service between the Dutch city of (...)

The Brazilian Securities & Exchange Commission opens public hearing to discuss the possibility of multiple stock exchanges in the country following discussions by the Competition Authority about this possibility in a number of recent proceedings
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
CADE’s analysis influence CVM debate regarding competition in the securities market* CVM has opened a public hearing to discuss the possibility of multiple stock exchanges in Brazil after the antitrust authority’s debates. In light of the discussions held by Cade in a number of antitrust (...)

The EU Commission Vice-President Margrethe Vestager backs her candidacy after a three-and-a-half-hour hearing in which she fielded questions on her plans to carry out her double role as the Commission’s Executive Vice-president and Competition Chief
Bird & Bird (Brussels)
,
Bird & Bird (Belgium)
Five years after winning the support of the European Parliament to become EU Competition Commissioner in the Juncker Commission, the Danish liberal politician Margrethe Vestager has done it again. MEPs backed her candidacy after a three-and-a-half hour hearing on 8th October during which she (...)

The Mexican Competition Authority issues recommendations on a government housing assistance agency (Infonavit)
Mexican Competition Authority (Mexico City)
COFECE issues recommendations on Infonavit public procurement regulations * • These recommendations are issued in response to the Institute’s request, which has publicly stated its goal of more efficient spending. • The regulations currently in force for the Institute’s acquisition of goods and (...)

The Belgian Competition Authority publishes its enforcement priorities for 2019
Bird & Bird (Brussels)
,
Bird & Bird (Brussels)
,
Bird & Bird (Brussels)
On 1 March 2019, the Belgian Competition Authority (“BCA”) published its annual enforcement priorities, which are largely similar to those of 2018: Telecommunications – the BCA notes that the increased reliance on bundled offers in the telecom retail markets has the effect of increasing consumer (...)

The EU Court of Justice holds that there is no obligation to revise prices payable under public contracts (Consorzio Italian Management e Catania Multiservizi)
University of Bristol - Law School
NO OBLIGATION TO REVISE PRICES PAYABLE UNDER PUBLIC CONTRACTS. OK, BUT FOR THE WRONG REASONS? (C-152/17)* In its recent Judgment of 19 April 2018 in Consorzio Italian Management e Catania Multiservizi, C-152/17, EU:C:2018:264, the Court of Justice of the European Union (CJEU) clarified that EU (...)

The Moldovan Competition Authority holds the government accountable for the anti-competitive actions of a State-owned enterprise (Ministry of Finance / Loteria Națională a Moldovei)
University of Macau - Faculty of Law (Macau)
On 24 August 2017 the Competition Council (CC) held that the Ministry of Finance has violated competition law by endorsing the decision of the state-owned enterprise to accord favorable treatment to a private company in the gaming market. In 2014 the CC has commenced an investigation into the (...)

The Chinese NDRC investigates and recommends measures towards twelve provincial Governement conduct to appoint electricity suppliers
University of Melbourne
,
Hogan Lovells (Beijing)
,
China Competition Bulletin (Beijing)
The NDRC found that 12 provincial governments had adopted policies that appointed specific electricity suppliers to construct electricity supply equipment in new residential areas and to unify fees. In response to the NDRC’s investigation and recommendation to comply with the AML, the 12 (...)

The US FTC and DOJ publish the proposed antitrust guidelines for international enforcement and cooperation
Jones Day (Cleveland)
,
Jones Day (Washington DC)
,
Jones Day (Washington DC)
The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

The EU Court of Justice confirms that procurement rules do not apply to licences or authorisations for betting and gambling services (Politanò)
University of Bristol - Law School
ECJ confirms that procurement rules do not apply to licences or authorisations ("concessions") for betting and gambling services (C-225/15)* In its Judgment of 8 September 2016 in Politanò, C-225/15, EU:C:2016:645, the European Court of Justice (ECJ) followed the Opinion of Advocate General (...)

The Croatian Competition Agency issues its opinion on public procurement rules relating to the purchase of fixed telephony services
Croatian Competition Agency (Zagreb)
The CCA opinion on public procurement rules for purchase of fixed telephony services* The Croatian Competition Agency communicated its opinion on public procurement rules relating to the purchase of fixed telephony services to the State Office for Central Public Procurement. This opinion has (...)

The Lithuanian Competition Authority holds that a municipality privileged its established undertaking and restricted competition in the taxi services in the city of Vilnius (Vilnius veza)
Max Planck Institute for Innovation and Competition (Munich)
On 22 October 2014 the Competition Council adopted the decision, in which it held that the council of the municipality of Vilnius infringed Article 4(1) and Article 4(2) of the Law on Competition of the Republic of Lithuania by the decisions and the acts, which were related to the provision of (...)

Public sector

The Lithuanian Supreme Administrative Court upholds the decision finding construction companies guilty of bid rigging in public procurement (Panevėžio statybos trestas / Active Construction Management / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Supreme Administrative Court of Lithuania: Construction Companies Restricted Competition in Public Procurement Through Joint Bidding* The Supreme Administrative Court of Lithuania (Court) rejected the appeals by the construction company Panevėžio statybos trestas (PST) and company Active (...)

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