Public procurement

Foreword Public procurement: An overview of EU and national case law

The overlap between competition law and public procurement regulation is more than just an interface of academic and practical significance. For me, and many others this was the genesis of our involvement in the field of public procurement. In common with many public procurement lawyers of my generation, I came to public procurement from a competition law context. That context is significant because at the time (before any Government Procurement Agreement) the gains to be made from public procurement legislation were seen to be much the same as the gains to be derived from the whole package – the benefits of trading in a larger single market where resources would be better allocated, efficiencies built into the system and so forth. Curiously, given the core place for competition in the building of European legal order up to that point, there was little or no explicit reference to the competition law issues that arose in public procurement in discussions around the new directives. Indeed in 1992/1993 there was still widespread debate about whether competition law had any business interfering in traditional tendering practices. This debate took off following the SPO decision in the Netherlands but was a common topic of discussion in construction law circles beyond the Netherlands. Many arguments continued to be made then and for many years afterwards in the UK and elsewhere that the implementation of a fully competitive market in public sector construction was foolhardy and likely to lead to disastrous consequences.

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Monckton Chambers (London)

General antitrust

The German Competition Authority presents its annual report for 2021 / 2022
German Competition Authority (Bonn)
Bundeskartellamt presents its Annual Report for 2021/22* Today, the President of the Bundeskartellamt, Andreas Mundt, presented the authority’s “2021/22 Annual Report”. Protecting competition in difficult times Andreas Mundt: “Russia’s terrible war against Ukraine and its devastating consequences (...)

The Lithuanian Competition Authority says that municipalities which conclude in-house contracts without organizing competitive public procurement procedure may be subject to competition investigations
Lithuanian Competition Authority (Vilnius)
In-house contract can be concluded only in exceptional cases after assessing its impact on fair competition* The Lithuanian competition authority Konkurencijos taryba supervising how municipalities comply with the Law on Competition when concluding in-house contracts will analyse whether they (...)

The Croatian Competition Authority and the State Commission for the Supervision of Public Procurement Procedures sign a memorandum of agreement committing to cooperate in ensuring effective competition in public procurement
Croatian Competition Agency (Zagreb)
STATE COMMISSION FOR THE SUPERVISION OF PUBLIC PROCUREMENT PROCEDURES AND CROATIAN COMPETITION AGENCY SIGN A MEMORANDUM OF AGREEMENT* The parties committed themselves to cooperation in the area of competition in the public procurement procedures in all markets in the territory of the Republic (...)

The EU Commission includes for the first time in its draft revision of the horizontal cooperation guidance a specific section on consortia agreements
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Brussels)
The European Commission’s draft revision of the horizontal cooperation guidance published on March 1, 2022, for the first time includes a specific section on the assessment of consortia agreements. Up to now, there has been very limited guidance in case law and in the existing horizontal (...)

The Romanian Competition Authority recommends division of public procurement contracts into road modernisation and repair works to increase competition in the bidding process
Romanian Competition Council (Bucharest)
Consiliul Concurrentei : Division into lots of roads modernisation and repair works increases competition * The Competition Council recommends to the local public authorities to divide into lots the public procurement contracts / framework agreements for road modernization and repair works, (...)

The German Competition Authority and the Federal Information Technology Centre launch the fully digital Competition Register for Public Procurement
German Competition Authority (Bonn)
Digital Competition Register for Public Procurement – Successful cooperation between Bundeskartellamt and ITZBund* Bonn, 3 February 2022: With the assistance of the Federal Information Technology Centre (ITZBund), the Bundeskartellamt launched the fully digital Competition Register for Public (...)

The Mexican Competition Authority issues a warning against potential competition and free market access risks derived from an agreement reached by the Government on projects and works considered of public interest and national security
Mexican Competition Authority (Mexico City)
COFECE warns of possible risks in matters of competition and free market access derived from the Agreement on projects and works of the Government of Mexico considered of public interest and national security* The Agreement could generate an asymmetric regulatory regime in function of who (...)

The Croatian Competition Authority clears the acquisition of a national power transmission equipment manufacturer (Končar-Ulaganja / Construction line / Dalekovod)
Croatian Competition Agency (Zagreb)
CCA clears the concentration between Končar-Ulaganja and construction line limited / Dalekovod* The concentration between the undertakings concerned will predominantly affect two relevant markets: the provision of services relating to design, construction and maintenance of substations and the (...)

The Latvian Competition Authority performs five prevention procedures, warning a total of 15 real estate and construction companies of potential competition law infringements
Latvian Competition Council (Riga)
15 legal persons have been warned in the first half of the year* If the Competition Council (CC) finds potential signs of the infringement of Competition Law or suspects that market participants have prohibited the Law, but the infringement is not repeated, and it has not affected a big share (...)

The Canadian Competition Authority reaches an agreement with a national cooperative federation and a fertilizer retailer on their proposed joint venture subject to divestments (FCL / Blair’s)
Canadian Competition Bureau (Gatineau)
Competition Bureau reaches agreement with Federated Co-operatives Limited and Blair’s on their proposed joint venture* The Competition Bureau announced today that it has reached an agreement with Federated Co-operatives Limited (FCL) and Blair’s Family of Companies related to their proposed (...)

The German Competition Authority launches a competition register for public procurement
Bird & Bird (Dusseldorf)
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Bird & Bird (Dusseldorf)
The Federal Cartel Office (“FCO”) has recently launched the German Competition Register for Public Procurement (“Competition Register”) and approved the participation if pharmaceutical wholesalers in the VCI Emergency Platform for vaccination equipment - two important steps in fighting white-collar (...)

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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K&L Gates (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 EU Commission releases guidance to help contracting authorities fight collusion in public procurement
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
The European Commission has released new guidance for European contracting authorities on how to use EU law to address suspected cases of collusion in public procurement (the “Notice”). The Notice, published on March 13, 2021, provides Member States with a set of tools to fight collusion in (...)

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 Spanish Competition Authority publishes an update to its guide to procurement and competition focused on planning
Spanish Competition Authority (CNMC) (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 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 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 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 (Transdev / Grupo Fundão)
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-subsidized 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 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 Hong Kong Competition Authority reminds businesses participating in anti-COVID-19 subsidy programs to adhere to the Competition Ordinance Free
Hong Kong Competition Commission (Hong Kong)
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 Irish Government recognizes that contracting authorities need support and assistance concerning 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 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 issues guidance on using public procurement policy to respond to the COVID-19 emergency circumstances 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 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 Belgian Competition Authority publishes its annual enforcement priorities for 2020
Strelia (Brussels)
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Bird & Bird (Brussels)
On 26 February 2020, the Belgian Competition Authority (“BCA”) published its annual enforcement priorities, which are largely similar to those of 2019: Telecommunications - the BCA notes that the increased reliance on bundled offers in the telecom retail markets has the effect of increasing (...)

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 (Helsinki)
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Dittmar & Indrenius (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 Swedish Competition Authority publishes a report analysis on the number of bidders and the level of litigation in national 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 Belgian Competition Authority publishes its enforcement priorities for 2019
Bird & Bird (Brussels)
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Strelia (Brussels)
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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 French Ministry of Economy clears a Phase II review and imposes commitments 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 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 US FTC and DOJ publish the proposed antitrust guidelines for international enforcement and cooperation
Jones Day (Cleveland)
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Jones Day (Washington)
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Jones Day (Washington)
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 Hong Kong Competition Authority issues a report on the residential building renovation and maintenance market
Hong Kong Competition Commission (Hong Kong)
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 Indian Competition Authority of India fines an undertaking for failing to notify a merger within 30 days of the trigger date (GE)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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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 (...)

Anticompetitive practices

The Polish Competition Authority opens a bid rigging investigation into the production and distribution of gas meters
Polish Competition Authority (Warsaw)
GAS METER DELIVERY TENDER COLLUSION? INVESTIGATION AND SEARCHES* Is the gas meter delivery to the national gas distribution system operator infringing competition law? The President of UOKiK, Tomasz Chróstny, opened an investigation into the case, and the Authority’s employees, after obtaining (...)

The Canadian Competition Authority secures a fifth guilty plea and $25,000 from an engineering executive implicated in the Gatineau bid rigging scandal (Francois Paulhus / Genivar)
Canadian Competition Bureau (Gatineau)
$25,000 sentence for fifth engineering executive to plead guilty in Gatineau bid-rigging case* Francois Paulhus, a former executive of engineering firm Genivar (now WSP Canada), has pleaded guilty in the Court of Quebec to conspiring to rig bids for City of Gatineau infrastructure contracts, (...)

The Mexican Competition Authority investigates public procurement procedures for the acquisition, leasing, maintenance and management services of information and communication technologies
Mexican Competition Authority (Mexico City)
Cofece investigates public procurement procedures for the acquisition, leasing, maintenance services and managed services of information and communication technologies* The Investigate Authority has indications of the possible realization of conducts that could constitute absolute monopolistic (...)

The US DoJ secures a guilty plea on bid rigging and bribery charges against a construction contractor (William Opp)
US Department of Justice (Washington DC)
Former Contractor Pleads Guilty to Bid Rigging and Bribery* Second Guilty Plea in Ongoing Investigation at the California Department of Transportation (Caltrans) A former construction contractor became the second person to plead guilty for participating in a bid-rigging and bribery scheme (...)

The Portuguese Competition Authority sanctions a company for bid rigging in the supply of teleradiology to public hospitals (Instituto de Telemedicina)
Portuguese Competition Authority (Lisbon)
AdC sanctions company for participating in cartel in the supply of teleradiology services to public hospitals* The decision The AdC sanctioned ITM - Instituto de Telemedicina for participating in a cartel established for the supply of teleradiology services to public hospitals and other (...)

The EFTA Surveillance Authority finds that Norwegian municipalities are in breach of EEA rules for failing to put waste-management contracts to public tender (Midtre Namdal Avfallsselskap)
EFTA Surveillance Authority (Brussels)
Norwegian municipalities in breach of EEA rules for failing to put waste-management contract to public tender* The EFTA Surveillance Authority (ESA) has today sent a reasoned opinion to Norway over the direct allocation of a contract for commercial waste management services by certain (...)

The Slovak Competition Authority conducts an unannounced inspection at an undertaking in the forestry sector
Slovak Competition Authority (Bratislava)
CARTELS: AMO SR conducted an unannounced inspection at an undertaking in forestry sector* An agreement restricting competition might have been concluded between undertakings in connection with participating and submitting bids in public procurement for landscaping. On 20 September 2022 the (...)

The Croatian High Administrative Court affirms a decision by the Competition Authority to fine four companies for bid rigging, price fixing and other anticompetitive behaviour (Agro-Vir / Agrodalm / Diljexport / Marino-LučKo)
Croatian Competition Agency (Zagreb)
HIGH ADMINISTRATIVE COURT REJECTS THE CLAIMS AGAINST THE CCA INFRINGEMENT DECISION IN BID RIGGING CARTEL IN PUBLIC PROCUREMENT INVOLVING UNDERTAKINGS AGRO-VIR, AGRODALM, DILJEXPORT AND MARINO-LUČKO* In its ruling of 14 September 2022, the High Administrative Court of the Republic of Croatia (...)

The US District Court for the Eastern District of North Carolina sentences a former engineering executive for rigging bids and defrauding the North Carolina Department of Transportation (Brent Brewbaker)
US Department of Justice (Washington DC)
Former Engineering Executive Sentenced for Rigging Bids and Defrauding North Carolina Department of Transportation* A former executive of Contech Engineered Solutions LLC (Contech) was sentenced to 18 months of imprisonment yesterday in New Bern, North Carolina, for his participation in (...)

The Polish Competition Authority deems there to be no anticompetitive conduct in tendering process on the municipal waste market
Polish Competition Authority (Warsaw)
Waste market - actions of the President of UOKiK* The President of UOKiK monitors the municipal waste market on an ongoing basis. The last investigation into this market concerned the verification of whether a tender collusion could have occurred in the Mazowieckie Voivodeship, including (...)

The US DoJ strikes plea deals with two companies which conspired to rig bids on piping and insulation projects in Connecticut (BC Flynn Contracting / Axion Specialty Contracting)
US Department of Justice (Washington DC)
Two Companies Plead Guilty in Bid Rigging Scheme for Insulation Contracts* These are the Sixth and Seventh Defendants to Plead Guilty in this Investigation BC Flynn Contracting Corp. (BC Flynn) and Axion Specialty Contracting LLC (Axion) pleaded guilty yesterday in federal court in (...)

The Polish Competition Authority carries out a tender collusion investigation against 8 entrepreneurs in the public transportation sector
Polish Competition Authority (Warsaw)
Tender collusion? Investigation and searches* Is the provision of public transport bus services in Silesia in breach of competition law? The President of the Office of Competition and Consumer Protection, Tomasz Chróstny, opened an investigation into the case, and the Office’s employees, after (...)

The US DoJ fines a military contractor for bid rigging in Texas and Michigan (Leveritt)
US Department of Justice (Washington DC)
Military Contractor Pleads Guilty to Rigging Bids for Public Contracts in Texas and Michigan* A Texas military contractor pleaded guilty yesterday to rigging bids on public military contracts in Texas and Michigan. Yesterday, in the U.S. District Court for the Eastern District of Texas, (...)

The Portuguese Competition Authority sanctions bid-rigging cartel in the security sector
Portuguese Competition Authority (Lisbon)
AdC sanctions bid-rigging cartel in the security sector* The decision The Portuguese Competition Authority (AdC) sanctioned a bid-rigging cartel active in the provision of surveillance and security services in public tenders. The cartel involved the 2045 Group, Comansegur, Grupo 8, Prestibel, (...)

The Mexican Competition Authority investigates public tender procedures for the acquisition of electoral material and documentation
Mexican Competition Authority (Mexico City)
Cofece investigates public tender procedures for the acquisition of electoral material and documentation* The Investigative Authority has indications of the possible realization of conducts that might constitute absolute monopolistic practices, such as the manipulation of prices, restriction of (...)

The Spanish Competition Authority fines construction companies €203.6M for altering the competitive process in infrastructure construction tenders for more than 25 years (Acciona Construcción / Dragados / FCC Construcción / Ferrovial Construcción / Obrascón Huarte Lain / Sacyr Construcción)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC has fined 6 of the main construction companies in Spain 203.6 million euros for altering the competitive process in infrastructure construction tenders for more than 25 years The sanctioned companies are: Acciona Construcción S.A., Dragados S.A., FCC Construcción, Ferrovial Construcción, (...)

The Hungarian Competition Authority issues a large fine on four companies which planned to rig a bid in the market for anaesthesia and ventilation equipment (Dräger Medical / GE Hungary / Aladdin Medical / HOGE Orvosi Műszer)
Hungarian Competition Authority (Budapest)
GVH uncovered an anaesthesia and ventilator cartel* Budapest, June 30, 2022 - The Hungarian Competition Authority (GVH) has imposed a competition supervision fine of almost HUF 670 million for the allocation of a public tender for anaesthesia and ventilation equipment among four major market (...)

The Spanish Competition Authority extends the disciplinary proceedings for the manipulation and distribution of tenders related to military equipment (Comercial Hernando Moreno / Grupo de Ingeniería Reconstrucción y Recambios / Star Defence Logistics & Engineering / Casli)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC extends the disciplinary proceedings for the manipulation and distribution of tenders related to military equipment* The initiation of proceedings is extended to a parent company and 6 executives. These proceedings investigate agreements and the distribution of tenders called in Spain (...)

The German Competition Authority imposes €12.5M in fines for first-of-its-kind vertical and horizontal bid rigging in the industrial construction sector (Dillinger Hütte / Hochtief)
German Competition Authority (Bonn)
Fines imposed for concluding agreements in the industrial construction sector* The Bundeskartellamt has imposed fines totalling approx. 12.5 million euros against Aktien-Gesellschaft der Dillinger Hüttenwerke (Dillinger Hütte) and Hochtief Solutions AG (Hochtief) for concluding illegal (...)

The Lithuanian Competition Authority sanctions cartels involved in public procurement for cemetery maintenance services following extensive investigations (Būsto aplinka / City Service Engineering)
Lithuanian Competition Authority (Vilnius)
Cartelists have been assigned individual sanctions* The Lithuanian competition authority Konkurencijos taryba assigned individual sanctions to the companies Būsto aplinka and City Service Engineering which concluded a bid-rigging cartel. Following the ruling of the Supreme Administrative Court (...)

The Ankara 9th Administrative Court annuls the Turkish Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Ankara 9 th Administrative Court (“Administrative Court”) annulled the decision of the Turkish Competition Board (“Board”) where an administrative fine of TL 11,214,051.26 was imposed on Hicri Ercili Deniz Nakliyat Kimyevi Maddeler San. ve Tic. Ltd. Şti.) (“Hicri Ercili”), a supplier of the (...)

The Croatian Competition Authority fines four companies for bid rigging in public procurement for food delivery ( Agro-Vir / Agrodalm / Diljexport / Marino Lučko)
Croatian Competition Agency (Zagreb)
a) Key points and main facts of the case The CCA in its decision from 28 April 2022 found that the undertakings Agro-Vir d.o.o., Agrodalm d.o.o. and Diljexport d.o.o. Zagreb, in the period from 4 June 2012 to to 1 January 2014 and undertaking Marino-Lučko d.o.o. in the period from 1 January (...)

The Polish Competition Authority issues decision on bid rigging during public tender process for greenery maintenance and passenger transport services and imposes penalty on liable bidders
Polish Competition Authority (Warsaw)
Bid rigging - two decisions of the President of UOKiK* Tomasz Chróstny, the President of UOKiK, issued two decisions on bid rigging, in which he imposed penalties totalling nearly PLN 330,000. Entrepreneurs tried to affect the outcome of procurement procedures for greenery maintenance in the (...)

The Hungarian Competition Authority fines three construction companies for market sharing and price-fixing (Ponty-Poronty / Operon / Építő Szolgáltató)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for involvement in a public procurement cartel * 31 March 2022, Budapest – The Hungarian Competition Authority (GVH) fined three construction companies HUF 42.8 million for market sharing and price fixing. The undertakings tried to acquire a public investment in Baja (...)

The Czech Competition Authority imposes fines for cartel behaviour in the market for AV Equipment suppliers (AV Media Systems)
Czech Competition Authority (Brno)
The Office imposed fines for cartel of AV Equipment suppliers* By its first-instance decision, the Office for the Protection of Competition imposed fines in the total amount of CZK 2 442 000 on the undertakings AV MEDIA SYSTEMS, a.s., M plus spol. s r.o., Nowatron Elektronik, spol. s r.o. and (...)

The Hellenic Competition Authority issues settlement decision following investigations into the market for the supply of impregnated wooden poles (Dritsa-Kagli / Elviex and Eteth / Kiriakos & Nikolaos Harakidis / Kiriiakos Emporiadis)
Hellenic Competition Commission (Athens)
Settlement Procedure: Decision on the ex officio investigation into the market for the supply of impregnated wooden poles (772/2022)* Subject: Decision on the ex officio investigation carried out into tenders, in particular of PPC-HEDNO, OTE et al., for the procurement of impregnated wooden (...)

The Spanish Competition Authority investigates several companies for the possible rigging of public tenders related to security and surveillance services
Spanish Competition Authority (CNMC) (Madrid)
The CNMC investigates several companies for the possible rigging of public tenders related to security and surveillance services* The possible agreements involving the rigging and allocation of tenders might have affected several public authorities. From March 1 to March 4, the CNMC carried out (...)

The Hellenic Competition Authority imposes an administrative fine on four electrical engineering associations for restriction of competition in engineering public procurement contracts (OSEHK / SEE / SEHK / SEMEEK / ACEEME)
Hellenic Competition Commission (Athens)
The Commission for the Protection of Competition imposed an administrative fine on OSEHK, SEE, SEHK, SEMEEK and ACEEME for infringements of section 3(1)(b) of the Protection of Competition Laws and of the corresponding article 101 (1)(b) of the Treaty on the Functioning of the European Union.* (...)

The US District Court for the District of Minnesota indicts a concrete company and its CEO for rigging bids for public contracts (Kamida)
US Department of Justice (Washington DC)
Minnesota Concrete Company and its CEO Indicted for Rigging Bids for Public Contracts* Second charge filed for long-running conspiracy that targeted local governments and public schools in Minnesota A federal grand jury returned an indictment charging Kamida Inc., a Minnesota-based concrete (...)

The US Attorney General Merrick Garland and DoJ Criminal Division Assistant Attorney General Kenneth Polite Jr. address the DoJ’s increased commitment to investigating and prosecuting corporate crime
McDermott Will & Emery (Los Angeles)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Boston)
In March 3, 2022, speeches at the American Bar Association’s Annual National Institute on White Collar Crime (ABA White Collar Institute), US Attorney General (AG) Merrick Garland and US Assistant Attorney General for the Criminal Division (AAG) Kenneth Polite Jr. addressed the US Department of (...)

The Italian Competition Authority imposes fines totalling over €10M against companies active in the supply of water meters due to an anti-competitive agreement (G2 Misuratori / Maddalena / Itron Italia / Sensus Italia / WaterTech)
Italian Competition Authority (Rome)
ICA: fines totaling over 10 million euro against companies active in the supply of water meters due to an anti-competitive agreement* According to the Authority, many tenders launched between 2011 and 2019 by various operators of the Integrated urban water management for the supply of meters (...)

The US District Court for the Eastern District of North Carolina finds a former engineering firm executive guilty of bid rigging and defrauding the local department of transportation (Contech Engineered Solutions / Brent Brewbaker)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On February 1, 2022, a federal jury found a former engineering firm executive guilty of conspiring to rig bids and defraud the North Carolina Department of Transportation (NCDOT) of hundreds of public works contracts worth more than $23 million. From at least 2009 through fall 2018, Brent (...)

The US District Court for the Eastern District of North Carolina convicts a former engineering company executive for bid rigging and fraud schemes targeting the North Carolina Department of Transportation on more than 300 aluminium structure projects (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice (Washington DC)
Former Engineering Executive Convicted of Rigging Bids and Defrauding North Carolina Department of Transportation* A former executive of Contech Engineered Solutions LLC was convicted today in New Bern, North Carolina, for his participation in bid-rigging and fraud schemes targeting the North (...)

The Lithuanian Competition Authority reduces a fine imposed on four food wholesalers found liable for bid rigging from 75% to 15% (Sanitex / Sotėja /Selnera / Maistulis /Egilėja)
Lithuanian Competition Authority (Vilnius)
Konkurencijos taryba reduces fines for food wholesalers for cooperation and settlement in bid-rigging case* The Lithuanian competition authority Konkurencijos taryba has found that the companies Sanitex, Sotėja, Selnera, Maistulis and Egilėja rigged their bids, including the price, in public (...)

The German Competition Authority publishes its guidelines on the premature deletion of an entry in the register for public procurement
German Competition Authority (Bonn)
Competition Register for Public Procurement – Bundeskartellamt publishes guidelines and practical guide on premature deletion of an entry due to self-cleaning* The Bundeskartellamt has today published guidelines on the premature deletion of an entry in the Competition Register and a practical (...)

The Swedish Competition Authority fines a regional public bus authority for extending procurement contracts without the requisite procedure during the COVID-19 pandemic (Skånetrafiken) Free
Swedish Competition Authority (Stockholm)
Skånetrafiken was wrong not to perform procurement of welfare transportation* Using the outbreak of the coronavirus as an argument, Skånetrafiken extended an agreement on welfare transportation without a prior procurement procedure. The pandemic was not a reason not to perform a procurement (...)

The Polish Competition Authority initiates proceedings against three entrepreneurs for alleged bid rigging (Antczak Sprzątanie / Remonty Handel /Tech-Fen)
Polish Competition Authority (Warsaw)
Bid rigging - three proceedings* The President of UOKiK initiated proceedings concerning bid rigging. Charges were brought against three entrepreneurs who may have influenced the results of public contract procedures concerning renovation and construction services. UOKiK has received (...)

The Polish Competition Authority initiates proceedings against 3 entrepreneurs for bid rigging in public procurement procedures for renovation and construction services (Antczak Sprzątanie Remonty Handel / Tech-Fen / Kamastra)
Polish Competition Authority (Warsaw)
Bid rigging - three proceedings* The President of UOKiK initiated proceedings concerning bid rigging. Charges were brought against three entrepreneurs who may have influenced the results of public contract procedures concerning renovation and construction services. UOKiK has received (...)

The Australian Competition Authority warns public agencies on the risks of potential collusion between bidders during procurement processes
Australian Competition and Consumer Commission (Canberra)
Warning on cartel conduct risk in public sector tenders* The ACCC is warning public sector agencies to be alert to the potential for collusion between bidders during procurement processes, following a recent ACCC investigation where departmental processes contemplated cooperation by competing (...)

The Australian Competition Authority warns the government against bid rigging in public tenders
Jones Day (Sydney)
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Jones Day (Sydney)
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Jones Day (Melbourne)
The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. The ACCC cautioned agencies of the Australian government (the "Government") to be on guard against "bid-rigging" (...)

The US DoJ secures new guilty pleas from two Belgian former security services executives in an ongoing investigation into rigging bids in national defense procurement contracts (G4S Secure Solutions)
US Department of Justice (Washington DC)
Former Security Services Executives Plead Guilty to Rigging Bids for Department of Defense Security Contracts* Two former employees of G4S Secure Solutions NV (G4S NV), pleaded guilty today to criminal antitrust charges stemming from their involvement in a conspiracy to rig bids, fix prices, (...)

The Hungarian Competition Authority imposes a fine on 3 companies active in the retail trade of agricultural machinery for sharing more than a dozen national public procurement procedures among themselves (Tempel Kereskedelmi és Szolgáltató / Normtec / Slovakian Premium Line)
Hungarian Competition Authority (Budapest)
The GVH imposed a fine on a public procurement cartel yet again* The Hungarian Competition Authority (GVH) imposed a fine of approximately HUF 135 million on three undertakings, which are active in the retail trade of agricultural machinery for sharing more than a dozen Hungarian public (...)

The Spanish Competition Authority imposes fines totaling €127 million for participation in a cartel that fraudulently divvied up at least 82 tenders in the railway sector (Alstom / Bombardier / Cafs / Cobra / Nokia...)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC imposed fines of more than 127.8 million euros on the main security, signaling and communications systems companies of AVE’s medium-distance and commuter network in Spain.* For 15 years, these companies made up a cartel that divvied up tenders called for by Adif, with a value of more (...)

The Spanish Competition Authority imposes fines totaling €161.855 on four file and document management service companies for bid rigging (Bibliodoc Servicios Documentales / Pandora Gestión Documental / Libnova / Salomé Lendínez Ramírez)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC imposes fines on several file and document management service companies for bid-rigging* These practices were conducted via several cartels between 2016 and 2019. Spain’s Ministry of Defence, Ministry of Development and the Reina Sofia National Art Centre were among the public (...)

The Brazilian Competition Authority launches an administrative proceeding against 42 companies and 43 individuals to investigate allegations of a cartel in public and private procurement for outsourced services
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE launches proceeding to investigate cartel in outsourced services procurement* More than 50 procurement processes had signs of collusion On Tuesday (14 September), the Office of the Superintendent General of CADE (SG) launched an administrative proceeding against 42 companies and 43 (...)

The Spanish Supreme Court upholds suspending the start of proceedings to determine the scope and duration of public procurement bans on grounds of competition offences (Transporte Escolar Murcia)
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
The Spanish Supreme Court (SC) has delivered a judgment in which it confirmed that courts are able to issue injunctive relief to temporarily prevent decisions on penalties rendered by the National Markets and Competition Commission (the Comisión Nacional de los Mercados y la Competencia, or (...)

The Brazilian Competition Authority issues practical guidelines to help officials prevent and detect anticompetitive practices in public procurement
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE launches practical guidelines to help procurement officials prevent and detect cartels in public procurement* The documents lists strategies of collusion between companies, red flags of collusive conduct, and recommendations on how to prevent these unlawful practices in tenders On 3 (...)

The Spanish Competition Authority dismantles a cartel that altered the results of tenders for the maintenance and operation services of the State Road Network (Aceinsa / Alvac / Audeca / Api)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC dismantles a cartel that altered the results of tenders for the maintenance and operation services of the State Road Network* The cartel, involving 12 companies, was awarded 71 of the 101 Ministry of Development tenders between 2014 and 2018.The sanctioned companies systematically (...)

The Brazilian Competition Authority fines ten office and school supplies companies for bid rigging (Comercial Armarinho Oliveira / Livraria e Papelaria Boa Vista / Livraria e Leal Dantas)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Office and school suppliers found guilty of bid rigging in Pernambuco Cartel* CADE levied fines totalling BRL 1.5 million on ten companies and five individuals involved in the scheme In the hearing of this Wednesday (18 August), the Administrative Council for Economic Defense (CADE) found ten (...)

The Latvian Competition Authority fines ten construction companies €16 million for being part of a bid-rigging cartel (Re & Re / Velve / Skonto Būve...)
Latvian Competition Council (Riga)
The Competition Council fines 10 construction companies for participating in the cartel* On July 30, the Competition Council (the CC) adopted a decision in the so-called “construction companies’ cartel” case, detecting long-term prohibited agreement of ten construction companies on the (...)

The Latvian Competition Authority sanctions a local municipality for abusing its dominant position in the organization of waste management (Jelgava Municipality)
Latvian Competition Council (Riga)
The CC punishes Jelgava’s Municipality for the abuse of a dominant position in the organization of waste management* On July 22, the Competition Council (CC) decided to punish Jelgava’s Municipality for abuse of a dominant position related to the municipality’s actions, unreasonably and (...)

The Latvian Competition Authority signs a settlement with a municipality and two waste management companies and fines them for committed competition distortions in the waste management market (Riga Municipality / Getliņi EKO / Tīrīga)
Latvian Competition Council (Riga)
The CC concludes a settlement with Riga Municipality and SIA “GETLIŅI EKO” on the committed competition distortion in the waste management area in the so-called “Tīrīga case”* On 16 July, the Competition Council of Latvia (the CC) signed a settlement with Riga City Municipality and SIA “Getliņi EKO” (...)

The Russian Competition Authority clarifies how to enter joint procurement agreements such as "purchasing unions" without violating competition legislation
Russian Federal Antimonopoly Service (Moscow)
FAS explains how to create a “purchasing union” and not violate the antimonopoly legislation* The creation of ”purchasing unions” will allow small retailers to carry out joint purchases to expand the assortment, reduce purchase prices, and as a result, retail prices The Competition Authority has (...)

The Portuguese Competition Authority issues a statement of objection to seven companies for taking part in a cartel in public tenders in the market for surveillance and security services (Gália / Comansegur / Grupo 8 / Prestibel)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to seven companies for taking part in a cartel in public tenders* The AdC issued a Statement of Objections to the companies 2045/Gália, Comansegur, Grupo 8, Prestibel, Prosegur, Securitas and Strong Charon for bid-rigging in public tenders for the provision of (...)

The Hungarian Competition Authority suspects the existence of a cartel around the public procurement of a boat operation by the Budapest transport center (BKV)
Hungarian Competition Authority (Budapest)
The GVH suspects the existence of a cartel around the boat operation public procurement of the Centre for Budapest Transport (BKV)* 14 July 2021, Budapest – Due to the suspicion of a cartel, the Hungarian Competition Authority (GVH) has initiated an investigation in connection with the public (...)

The Romanian Competition Authority opens an investigation into possible anti-competitive behavior of undertakings operating in the archiving services market (Enterprise Software Development / All Businesses Management / Cityplan Studio)
Romanian Competition Council (Bucharest)
The Competition Council carries out an investigation into the archiving services market* The Competition Council has opened an investigation on a possible anti-competitive behavior of some undertakings operating on the market of electronic / digital and physical archiving of documents, as well (...)

The Brazilian Competition Authority convicts members of a cartel in procurements for PVC pipes and fittings (BR Plásticos Indústria / BRP Indústria Plástica / Nicoll Indústria Plástica Tigre / Amanco)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
CADE convicts a cartel in procurements for PVC pipes and fittings* In the hearing of this Wednesday (30 June), the Administrative Council for Economic Defense convicted five firms and six individuals for a cartel in public procurements for PVC pipes and fittings. Such procurements were aimed (...)

The Canadian Competition Authority presses criminal charges against a fifth person in connection with a conspiracy to rig bids for City of Gatineau infrastructure contracts (François Paulhus)
Canadian Competition Bureau (Gatineau)
Fifth engineering executive charged in Gatineau bid-rigging case* The Competition Bureau announced today that it has laid criminal charges against a fifth person in connection with a conspiracy to rig bids for City of Gatineau infrastructure contracts. François Paulhus is accused of (...)

The Swedish Competition Authority imposes a fine on the police for its unlawful purchase of vehicle recovery services by performing an illegal direct award of contract (Swedish Police Authority)
Swedish Competition Authority (Stockholm)
Unlawful purchase of vehicle recovery services by police* For several years the Swedish Police Authority had been buying vehicle recovery services without a correctly procured agreement in place. The Swedish Competition Authority is now demanding that the Swedish Police Authority pay SEK 2 (...)

The US DoJ sentences a company to pay $7 million in criminal fines and over $1.5 million in restitution as it pleads guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud (Contech Engineered Solutions / Brent Brewbaker)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud in connection with the DOJ’s (...)

The Lithuanian Competition Authority closes its investigation into suspected bid-rigging in the construction and reconstruction of quays and other objects (Latvijas tilti / BMGS)
Lithuanian Competition Authority (Vilnius)
Lithuanian Competition Authority terminates investigation into suspected bid-rigging* The Lithuanian competition authority Konkurencijos taryba decided to terminate an investigation into the compliance of actions of undertakings involved in public procurements for the construction and (...)

The Slovak Competition Authority fines six construction undertakings €1 million for forming a cartel (Artra / Čechovo / Janoli)
Slovak Competition Authority (Bratislava)
The Council of AMO SR decided on fines in the amount of more than 1 mil. EUR for a cartel in public procurements carried out through the ECS* The Council of the Antimonopoly Office of the Slovak Republic (hereafter “the Council of the Office”) on 19 May 2021, following the review of the (...)

The Australian Competition Authority initiates proceedings against an alleged attempted cartel for the National Gallery of Australia tender (Delta Building Automation / Timothy Davis)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action over alleged attempted cartel for National Gallery of Australia tender* The ACCC has instituted civil proceedings in the Federal Court against Delta Building Automation Pty Ltd (Delta) and its sole director, Timothy Davis, for involvement in an alleged attempt to rig a bid in (...)

The Czech Competition Authority fines two national infrastructure companies CZK 34 million for public procurement cartel (SPIE Elektrovod / ASE)
Czech Competition Authority (Brno)
SPIE ELEKTROVOD and ASE were fined almost CZK 34 million for public procurement cartel* In its first instance decision, the Office for the Protection of Competition imposed fines in the total amount of CZK 33,917,000 on SPIE Elektrovod, a.s. and ASE, s.r.o. for a cartel agreement concerning (...)

The US DoJ indicts a bidder for bid-rigging at an online auction for surplus Government equipment (GSA)
US Department of Justice (Washington DC)
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 Swedish Competition Authority fines the municipality of Nyköping for illegal direct award of contract (Nyköping municipality)
Swedish Competition Authority (Stockholm)
Nyköping performed an illegal direct award of contract for groundworks* Nyköping Municipality entered a framework agreement regarding surfacing and groundworks without a prior notice in accordance with the procurement rules. The Swedish Competition Authority considers that the agreement (...)

The Canadian Competition Authority initiates criminal proceedings against four condominium refurbishment services providers for bid-rigging (TRI-CAN / JCO / LAR / CPL Interiors)
Canadian Competition Bureau (Gatineau)
Multiple companies and their owners charged with conspiracy to commit fraud and rig bids for condo refurbishment contracts in the GTA* The Competition Bureau announced today that it has laid multiple criminal charges against four companies and three individuals in connection with an alleged (...)

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 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 to fight collusion in public procurement in which it includes a series of guidelines aimed at the contracting authorities on how to apply the grounds for the exclusion provided by the Directive 2014/24/EU of the Parliament
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Madrid)
The European Commission (EC) recently published a Notice to fight collusion in public procurement (the Notice) in which it included a series of guidelines aimed at the contracting authorities on how to apply the grounds for exclusion provided for in article 57, paragraph 4, letter d) of (...)

The EU Commission issues notice on tools to fight collusion in public procurement
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” (the Notice; available here). The Notice develops the tools which the (...)

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 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 Indian Competition Authority finds evidence of and imposes a fine for bid-rigging by three sewing machine suppliers in public procurement for Picofall-cum-Sewing Machines (Klassy Computers / Nayan Agencies / Jawahar Brothers)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS (i) Although CCI and the DG have the powers to investigate the representatives of the tenderer/procurer to understand and ascertain the tender design, tendering mechanism including the eligibility of the bidders in terms of tender conditions by requisitioning the relevant records. (...)

The Latvian Competition Authority fines two reclamation companies for bid-rigging in procurement of renovation projects of water drains with national importance (Valkas meliorācija / Agromeliorators)
Latvian Competition Council (Riga)
The CC repeatedly detects bid-rigging in the reclamation sector* On 11 March, the Competition Council of Latvia (hereinafter – the CC) adopted a decision to impose a fine on two reclamation companies – SIA “Valkas meliorācija” and SIA “Agromeliorators” – for coordinated submission of tenders in (...)

The EU Commission releases guidance to help contracting authorities fight collusion in public procurement
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
The European Commission has released new guidance for European contracting authorities on how to use EU law to address suspected cases of collusion in public procurement (the “Notice”). The Notice, published on March 13, 2021, provides Member States with a set of tools to fight collusion in (...)

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 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 (Washington DC)
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 a German solid waste service 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 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)
Latvian Competition Council (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 totaling € 2.8 million 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 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 providers (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 totaling CSK 75 million 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 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 Swedish Competition Authority fines a municipal-owned company SEK 120,000 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 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 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 (Washington DC)
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 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 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 (Washington DC)
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 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 Swedish Competition Authority petitions to fine a 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 a municipality for illegal direct award of a public procurement contract for the 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 Slovak Competition Authority investigates a possible agreement in public procurement for engineering 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 Russian Republic of Khakassia’s Abakan City Court convicts members of a medical equipment cartel, sentencing them to prison for 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 Saudi Arabian Competition Authority fines 4 office furniture retailers for collusion in government procurement (Riyadh House / Manar Almahmal / Hassan Isam Kabbani / Stars Furniture)
Saudi Arabian Competition Authority (Riyadh)
GAC Announces Penalties Against Several Entities Operating in Retail Sector for Office Furniture* Pursuant to the mandate of the GAC with regard to the enforcement of the Competition Law; and as part of its role in protecting and encouraging fair competition and combating monopolistic (...)

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 € 468,000 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 €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 of €40,000 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 Russian Competition Authority detects collusion in the coal supply market (PJSC TGC-2 / Arhoblenergo / 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 two 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 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 Italian Competition Authority welcomes the decision 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 Danish Competition Authority fines an association of passenger carriers for bid-rigging in public procurement (ØFP)
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 a €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 a commercial flooring contractor with bid-rigging in an ongoing investigation (Vortex Commercial Flooring)
US Department of Justice (Washington DC)
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 Indian Competition Authority dismisses allegations of anticompetitive conduct and abuse of dominance against an information technology company in public procurement by the Ministry of Railways due to lack of evidence (Sowil / Hexagon Geosystems India)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
KEY POINTS In the absence of any material on record which can suggest collusion, no case of anti-competitive agreement can be made out. In addition, for a case of abuse of dominance, one must take into consideration the market structure and the number of major players including, global players (...)

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)
Latvian Competition Council (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 the 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 Indian Competition Authority dismisses abuse of dominance claims against the national highway authority based on the eligibility criteria stipulated in a request for tenders (Sandeep Mishra / National Highway Authority of India)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Key Points It is the prerogative of the procurer / buyer to decide technical specifications in the tender document as per its requirement. Such specifications would only be subject to the provisions of the Act if the tender document framed by a dominant entity contained provisions which were (...)

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 a Louisiana company with conspiracy to defraud the Government and violate the Procurement Integrity Act (Cajan Welding & Rentals)
US Department of Justice (Washington DC)
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)
Latvian Competition Council (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 an investigation into an alleged anticompetitive agreement obstructing the 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 SEK 1,500,000 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 Swedish Competition Authority fines a municipal company SEK 220,000 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 Indian National Company Law Appellate Tribunal admits compensation application filed against two agrochemicals companies for bid-rigging (Food Corporation of India / Excel Corp Care / Sandhya Organic Chemicals)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Key Points Limitation period for filing an application for compensation under Section 53N(1) of the Competition Act starts only after the CCI order attains finality upon determination of the final round of appeal, whether it be before the appellate tribunal or the Supreme Court. Brief Facts (...)

The Lithuanian Supreme Administrative Court upholds the decision finding construction companies guilty of bid-rigging in public procurement (PST / Irdaiva / Active Construction Management)
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 (...)

The Swedish Competition Authority fines a municipality-owned power company SEK 225,000 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 Slovakian Council of the Antimonopoly Office imposes fines totaling €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 Latvian Competition Authority detects competition deformation implemented in procurements by a local government and its capital company (Dako / Ruvar)
Latvian Competition Council (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 Portuguese Competition Authority imposes a €1.8 million fine for bid-rigging in the railway maintenance sector (Fergrupo / Somafel)
Vieira de Almeida (Lisbon)
On 4 March 2020, the Portuguese Competition Authority (“PCA1’) has imposed a total of €1.8 Million fines against Fergrupo - Construções e Técnicas Ferroviárias, SA (“Fergrupo”) and Somafel - Engenharia e Obras Ferroviárias (‘’Somafel”)—as well as one director of each company—both operating on the market of (...)

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 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 imposes fines totaling €610K on an electric company for bid-rigging 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 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 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 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 emphasizes 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 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 judgment 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 finds a subsidiary liable for the cartel damage caused by a minority shareholder that had or could have a decisive influence over it (Cogelex)
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 Dutch Court of Appeal applies a rationale of the EU Court of Justice and finds a subsidiary liable for damages resulting from an EU competition law infringement committed by its parent company whilst engaging in a cartel (Cogelex)
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 US DoJ announces the formation of a "Procurement Collusion Strike Force"
Morgan Lewis (Philadelphia)
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Morgan, Lewis & Bockius (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 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 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 US DoJ announces the creation of a Procurement Collusion Strike Force with implications for US companies and beyond
Baker McKenzie (Washington)
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Baker McKenzie (Washington)
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Baker McKenzie (Washington)
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 launches a "Strike Force" to combat anticompetitive crimes in government procurement
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
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 Mexican Competition Authority presents a 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 Authority signs a protocol on cooperation with the Single Public Procurement Authority
University of Portsmouth
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 immunity from a fine of €500K 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 companies for bid-rigging in a tender for a tree census provider (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 Indian Competition Authority fines three vendors bid-rigging in the market for geo-enabled census of trees and concludes that the tender organizer failed to detect cartelization (Nagrik Chetna Manch / SAAR / CADD / Pentacle / Pune)
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 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 Authority fines competitors for tender allocation (Pasvalio melioracija / Jadrana / Panevėžio melioracija / Biržų ranga)
ESG Legal (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 3 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-rigging through 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 / Aquazit Szolgáltató...)
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)
Latvian Competition Council (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 Commission (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 individuals found guilty of offenses concerning 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 start to run with the decision of the investigating antitrust 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 a 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 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 thirty-seven 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 qualifies irregularities in the public procurement of construction works admitted by the local administration as an 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 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 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...)
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 (Šiauliai)
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 AG Sañchez-Bordona issues opinion on the Member States’ ability to exclude from government tenders companies with a record of past illegality (Vossloh Laeis / Stadtwerke München)
Matheson (Dublin)
On 16 May 2018, Advocate General Sañchez-Bordona of the Court of Justice of the European Union opined on the ability of Member States to take a harsh stance on the exclusion from Government tenders of companies with a record of past illegality, such as cartel behaviour or bid-rigging. While (...)

The EU Court of Justice AG 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 / Stadtwerke München)
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 which fined two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
ESG Legal (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 clarifies to what extent related undertakings may submit separate bids in the same tendering procedure (Lloyd’s)
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 EU Court of Justice confirms its anti-formalistic approach to the exclusion of tenderers on grounds of prohibitions of multiple bidding (Lloyd’s)
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 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 to investigate 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 equipment (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 defense (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 Authority fines undertakings for an anticompetitive joint bidding agreement in twenty-four 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 Lithuanian Competition Authority fines two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
ESG Legal (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 modernization 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 Irish Competition Authority secures commitments from several 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 Commission (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)
Latvian Competition Council (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)
Latvian Competition Council (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 the Stockholm District Court’s decision and finds three healthcare providers not guilty of a 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 (Athens)
,
Kyriakides Georgopoulos (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 seven cement manufacturers for bid-rigging (Shree Cement / Ultratech Cement / Jaiprakash Associates / J.K. Cement / Ambuja Cements / ACC / J.K. Lakshmi Cement)
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 Slovenian Administrative Court annuls the Competition Authority’s decision on a construction bid-rigging cartel for insufficient proof of 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 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 Authority fines three undertakings for bid-rigging in municipal waste collection and transportation sector (Ekoaplinka)
Latvian Competition Council (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 Authority fines two firms for bid-rigging in the purchase of machinery market (Rovaltra / Žagarės inžinerija)
Latvian Competition Council (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 Authority fines five milk producers €1.9 million for bid-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 eight 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 German Competition Authority fines a manufacturer of railway sleepers € 1.5 million 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 concerning possible collusion in the money transfer market (Western Union)
Simmons & Simmons (London)
,
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
Latvian Competition Council (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 (...)

Unilateral Practices

The Romanian Competition Authority sanctions six undertakings for bid rigging with fine of LEI 2,52M (Upipsa / Axa / Uzina Rominex / Uzitnet Industry / Prelmet / Industrial Repairs and Assembly of Excavators)
Romanian Competition Council (Bucharest)
The competition council sanctioned six undertakings with fine of LEI 2,52 Million for Bids Rigging The Competition Council sanctioned six undertakings with fines totalling lei 2,521,087 (approx. Euro 521,000 ) for rigging the bids within the tenders organized by Societatea Complexul Energetic (...)

The Indian Competition Authority dismisses complaints against the State of Tamil Nadu’s road department on an alleged anticompetitive tender process because sufficient bids were received and the procurement process was found to benefit both the procurer and the public (Trichy Superintendent Engineer of Highways Department)
Lakshmikumaran & Sridharan (New Delhi)
,
Lakshmikumaran & Sridharan (New Delhi)
,
Vahura (New Delhi)
KEY POINTS The consumer, based on his requirements / commercial considerations, has the freedom to specify and choose the kind of service, machineries, timelines, mode, and the manner in which it requires the same, provided that no provision of the Act is violated. The public procurement (...)

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 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 Administrative Court of First Instance in Tirana ascertains the abuse of the dominant position by the national football federation (Albanian Football Federation)
Albanian Competition Authority (Tirana)
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)
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 a 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 administrative monopolies in drug procurement for public hospitals in Shenzhen and Guanxian
University of Melbourne
,
University of Melbourne
,
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 SAIC reports on a case where local administrators fined a public undertaking for forcing several companies to purchase goods (Jinan Public Transportation / Yinchuan Public Transportation)
University of Melbourne
,
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 (...)

State Aid

The EU Council announces its fifth round of sanctions on Russia following aggression in Ukraine, including a prohibition on State aid to firms where there is at least 50% Russian public ownership and the firm continues to operate in Russia
DalDeWolf (Brussels)
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Arendt & Medernach (Luxembourg)
Restrictive measures against individuals The Council adopted restrictive measures against an additional 217 individuals. These include Russian high-net-worth individuals, high-ranking Kremlin officials, individuals responsible for disinformation and information manipulation, as well as family (...)

The EU Court of Justice dismisses the appeal against the General Court’s judgment highlighting that essential national interests may justify deviation from the normal public procurement procedure (Achemos & Achema)
Maastricht University
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 EU Commission decides that incompatible aid was granted by the Estonian Ministry of Rural Affairs to a private company that produces milk, meat, and cereals (Tartu Agro)
Maastricht University
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 the early closure of hard coal-fired power plants in Germany
European Commission - 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 provides further guidance on how economic activities linked to non-economic functions must be treated in a State aid context (Aanbestedingskalender)
Maastricht University
SEPARABILITY OF ECONOMIC FROM NON-ECONOMIC ACTIVITIES* Introduction Pure research whose results are widely disseminated is undoubtedly a non-economic activity. Research reports are often published on the internet. But the design and management of a research organisation’s website can be an (...)

The EU Court of Justice upholds the Commission’s decision 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 Commission concludes that State aid in the Italian postal service market is compatible with Article 106 TFEU (Poste Italiane)
Maastricht University
How to Compensate for the Extra Cost of Public Service Obligations: Step-by-Step Guidance on a Complex Calculation* Introduction The two most difficult issues in the design of State aid measures to support services of general economic interest [SGEI] are the proper definition of the public (...)

The EU Commission approves 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)
Maastricht University
Compensation for Public Service Obligations Introduction Every three years the UK determines the compensation it provides to the Post Office Limited (POL) for the extra costs of the public services it provides. Commission decision SA.48224 approved the compensation for the next three-year (...)

Procedures

The Spanish Supreme Court affirms injunction against Competition Authority’s decision to stop a transport company from bidding for public contracts (Transporte Escolar Murcia)
Callol, Coca & Asociados (Madrid)
The Judgment of the Supreme Court (the Judgment) addressed an appeal brought by the CNMC against an Order of the High Court provisionally staying the sanctions in Decision of 20 June 2019, Transporte Escolar Murcia, file SAMUR/02/2018. The importance of the Judgment lies on the nature of the (...)

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 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)
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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)
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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 Spanish Competition Authority publishes guidelines on compliance programs
Ashurst (Madrid)
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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 Spanish Competition Authority confirms the final version of the guide on competition compliance programs as a mitigating factor and means of avoiding public procurement bans
Herbert Smith Freehills (Madrid)
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Gold Abocados
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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 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 Delhi High Court holds that the absence of a judicial member does not invalidate proceedings and orders passed by the Competition Authority (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, 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)
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Jones Day (Beijing)
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Jones Day (Shanghai)
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 a preliminary ruling to the EU Court of Justice 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 EU Court of Justice holds that a Member State must establish that the national security interest protection could not be reached with the EU public procurement rules to obtain a derogation (Austria / EU Commission)
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 Chinese Government announces the establishment of a unified market regulator, the State Administration for Market Regulation which now is responsible for all antitrust enforcement in China
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 when a public entity makes no selection between the admissible tenderers it does not constitute a 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 AG Campos Sánchez-Bordona suggests that contracting authorities duty to require tenderers providing certificates attesting compliance with the applicable technical specifications needs not always be before 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 the rejection of tenders if evaluation and award decisions are adopted through two-tier bodies (Kenup Foundation / EIT)
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 issues related to documents requirements in EU Institutional procurement (European Dynamics Luxembourg / 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 EU General Court addresses the duty to provide reasons (European Dynamics Luxembourg / 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 Lithuanian Supreme Court requires the tender documentation to be precise and accurate even when the contracting authority refers to the 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 (...)

The EU Court of Justice AG Campos-Bordona proposes 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 narrows 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 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 US DOJ obtains a guilty plea from an executive of an Israel-based defense contractor sentences to defrauding the foreign military financing program, sentencing a fifth foreign executive who was 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 EU Court of Justice accepts the 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. (...)

Regulatory

The EU Commission welcomes political agreement reached between the Parliament and Member States on Foreign Subsidies Regulation
Dechert (Brussels)
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Dechert (Brussels)
,
Dechert (Brussels)
Key Takeaways The EU institutions have reached political agreement on a new regulation or foreign subsidies regime (the “FSR”) that will allow the European Commission (“EC”) to review the effects of non-EU government subsidies given to businesses active in the EU and remedy any possible distortive (...)

The Hong Kong Competition Authority responds to the national transport department’s consultation on the low-cost bus service sector (Franchises of Citybus / Long Win Bus / New World First Bus)
Hong Kong Competition Commission (Hong Kong)
Response to the Transport Department’s Proposal to Issue New Franchises to Incumbent Bus Operators* Introduction and summary The Competition Commission (the Commission) welcomes the opportunity to respond to the Transport Department’s (TD’s) consultation on “Franchises of Citybus Limited (...)

The US President Joe Biden publishes an executive order containing 72 initiatives to address competition concerns in several industries, including pharmaceuticals, biotech, and healthcare
White & Case (New York)
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White & Case (New York)
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White & Case (Washington)
Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. In (...)

The EU Commission proposes a new merger and public procurement control legislation to combat foreign subsidies
Skadden, Arps, Slate, Meagher & Flom (London)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Hong Kong)
The European Commission (EC) has proposed legislation to curb M&A, public procurement and market conduct by foreign-subsidized companies that may distort the European Union’s internal market. New requirements include: Mandatory notification of acquisitions where the target’s EU turnover (...)

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 EU Commission proposes new powers of investigation, sanction, control on mergers, market conduct, and public contracts to combat foreign subsidies
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
Skadden, Arps, Slate, Meagher & Flom (Brussels)
,
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 EU Commission opens a public consultation on a new tool to protect the EU from unfair international competition
Latham & Watkins (Hambourg)
,
Latham & Watkins (Brussels)
,
Latham & Watkins (Brussels)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Commission (the Commission) is consulting the market on a proposal to add a new tool to the EU protective gear against international competition. (...)

The Dutch Competition Authority recommends to the government the inclusion of a requirement to cooperate in the tender conditions for a new train service to Germany
Netherlands Authority for Consumers & Markets (ACM) (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 a public hearing to discuss the possibility of multiple stock exchanges in the country following discussions by the Competition Authority about this possibility in several 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 imposes interim measures in a public procurement procedure in the broadcasting transmission market (Norkring / Broadcast Partners)
Bird & Bird (Brussels)
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Strelia (Brussels)
,
Bird & Bird (Brussels)
This decision of 22 January 2019 is the next step in an eventful public procurement procedure and it confirms the preference of the Belgian Competition Authority ("BCA") to tackle cases via interim measures. Norkring has a service agreement to transmit the FM broadcasts of VRT that runs until (...)

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 anticompetitive actions of a State-owned company (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 Italian Anti-Corruption Authority adopts guidelines making antitrust infringements ground for exclusion from public procurement procedures
European Court of Justice (Luxembourg)
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 Chinese NDRC investigates and recommends measures to twelve provincial governments concerning their 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 EU Court of Justice confirms that procurement rules do not apply to licenses or authorizations 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 Authority 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 (...)

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