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.

Read more
King’s College (London)
United Kingdom 1 contribution 857 visits

General antitrust

 The Spanish Competition Authority approves the final guidelines on the criteria for determining the prohibition on entering into contracts with the public sector that distort competition
Baker McKenzie (Barcelona)
Spain 1 contribution 58 visits
,
Baker McKenzie (Madrid)
Spain 34 contributions 25622 visits
,
Baker McKenzie (Barcelona)
Spain 3 contributions 237 visits
…
In brief "Communication 1/2023, of 13 June on the criteria that shall govern the prohibition for companies that distort competition to enter into contracts with the public sector by the National Commission for Markets and Competition" (the "Communication") has been approved. The (...)

The Hong Kong Competition Authority publishes a revised set of model "Non-Collusion Clauses" for procurers to incorporate in their invitation to bid documents and contracts
ONC Lawyers (Hong Kong)
1 contribution 91 visits
Introduction On 17 January 2023, the Competition Commission (the “Commission”) published a revised set of Model Non-Collusion Clauses for procurers to incorporate in their invitation to bid documents and contracts. Background In December 2017, with a view to reducing the procurers’ (...)

The Hong Kong Competition Authority publishes a revised set of model “Non-collusion Clauses” that companies can incorporate into their procurement processes
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11845 visits
Competition Commission enhances model “Non-collusion Clauses” to strengthen protection for procurers against attempts to undermine competition* The Competition Commission (Commission) today published a revised set of model “Non-collusion Clauses” for procurers to incorporate in their (...)

The Hong Kong Competition Authority updates its model “Non-collusion Clauses” to further protect procurement processes
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11845 visits
Model “Non-collusion Clauses” enhanced to further protect procurement processes* The Commission has published a revised set of model “Non-collusion Clauses” in January 2023 for procurers to incorporate in their invitation to bid documents and contracts. The newly added clauses require (...)

The US DoJ’s Procurement Collusion Strike Force announces four new national law enforcement partners as it enters its fourth year
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Justice Department’s Procurement Collusion Strike Force Announces Four New National Law Enforcement Partners as it Enters its Fourth Year* The Justice Department announced today that the Procurement Collusion Strike Force (PCSF) welcomed four new national law enforcement partners to the (...)

The Spanish Superior Court of Justice of Cataluña rules that the Competition Authority can determine the scope of an antitrust penalty which excludes companies from public bids (MCV)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47331 visits
One of the matters of most serious concern for companies in Spain refers to the possibility of excluding companies from public bids as an antitrust penalty. When adopting an antitrust decision which includes the prohibition to participate in public bids, the CNMC normally chooses to send the (...)

The Lithuanian Competition Authority says that municipalities which conclude in-house contracts without organizing competitive public procurement procedures may be subject to competition investigations
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20929 visits
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 (...)

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)
Croatia 120 contributions 20019 visits
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 (...)

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)
Belgium 121 contributions 74417 visits
,
Herbert Smith Freehills (Brussels)
Belgium 2 contributions 360 visits
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 the division of public procurement contracts into road modernisation and repair works to increase competition in the bidding process
Romanian Competition Council (Bucharest)
Romania 160 contributions 29505 visits
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 (...)

The German Competition Authority and the Federal Information Technology Centre launch the fully digital Competition Register for Public Procurement
German Competition Authority (Bonn)
Germany 458 contributions 117188 visits
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 (...)

The Swedish Competition Authority decides that the National Courts Administration offered an illegal direct award to a construction firm to build a new court (Swedish Courts Administration)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10344 visits
Collaboration with real estate company was illegal direct award* It was an illegal direct award of contract when the Swedish National Courts Administration entered into a collaboration with a real estate company regarding the construction of a new court building in Jönköping, for later (...)

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)
Mexico 140 contributions 30549 visits
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)
Croatia 120 contributions 20019 visits
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 Saudi Arabian Competition Authority signs a memorandum of understanding with the Expenditure Efficiency and Governmental Projects Authority to enhance, protect and encourage competition, and combat monopolistic practices in public procurement
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1823 visits
The General Authority for Competition signs a memorandum of cooperation with the Expenditure Efficiency and Governmental Projects Authority* In the context of seeking to enhance, protect and encourage competition in government competitions and combat monopolistic practices affecting them, (...)

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)
Latvia 124 contributions 24640 visits
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 (...)

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)
Canada 84 contributions 11808 visites
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)
Germany 12 contributions 2074 visits
,
Bird & Bird (Dusseldorf)
Germany 4 contributions 1007 visits
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 (...)

The Italian Competition Authority issues its 2021 recommendations to the government
Luiss Guido Carli University (Rome)
Italie 27 contributions 5644 visites
,
Bird & Bird (Rome)
Italy 19 contributions 4229 visits
Alongside its enforcement powers, the Italian Competition Authority (the “Authority”) also has a legislative advisory role where it issues proposals to the Italian Government, in view of the annual competition law. The Authority’s 2021 recommendations, issued on 23 March mostly relate to (...)

The Italian Competition Authority proposes pro-competitive legislative changes to the government
Bocconi University (Milan)
Italy 11 contributions 4168 visits
,
Hogan Lovells (Milan)
Italy 4 contributions 1377 visits
,
K&L Gates (Milan)
United States 2 contributions 732 visits
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)
Italy 3 contributions 873 visits
,
Portolano Cavallo (Milan)
Italie 36 contributions 7165 visites
,
Portolano Cavallo (Milan)
Italie 63 contributions 10441 visites
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)
Germany 458 contributions 117188 visits
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 (...)

The Spanish Competition Authority publishes an update to its guide to procurement and competition focused on planning
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31825 visits
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)
United States 1 contribution 88 visits
,
MoloLamken (Washington)
United States 1 contribution 88 visits
,
Covington & Burling (Washington)
United States 1 contribution 88 visits
…
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 (...)

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
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30549 visits
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)
Belgium 42 contributions 10203 visits
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 (...)

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)
Portugal 119 contributions 30250 visits
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 publishes a white paper proposing anti-subsidy tools received by multinationals in the single market
Norton Rose Fulbright (Brussels)
Belgium 32 contributions 14220 visits
EU Anti-Subsidy Initiative: Notifications, Investigations – and a No-Deal Brexit Backstop?* Adopting new tools to combat the effects of foreign subsidies is a top European Union (EU) priority for 2021; a no-deal Brexit would raise the stakes for this initiative significantly. The European (...)

The OECD issues note on competition and emergency procurement during COVID-19
OECD - Competition Division (Paris)
France 313 contributions 1448698 visits
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
Hong Kong Competition Commission (Hong Kong)
Hong Kong 55 contributions 11845 visits
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
McCann FitzGerald (Brussels)
Belgium 1 contribution 264 visits
,
McCann FitzGerald (Dublin)
Ireland 1 contribution 264 visits
,
McCann FitzGerald (Dublin)
Ireland 1 contribution 264 visits
…
COVID-19 has led to unprecedented limitations on economic and other activity within Ireland and around the world. Each contracting authority should consider the associated risks to their procurements whether planned or on-going, and determine how to proceed. This short paper outlines the (...)

The UK Government issues guidance on using public procurement policy to respond to the COVID-19 emergency circumstances
University of Bristol - Law School
United Kingdom 92 contributions 25754 visits
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 (...)

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
Ashurst (London)
United Kingdom 14 contributions 2628 visits
,
Ashurst (London)
United Kingdom 22 contributions 4529 visits
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 (...)

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
Bird & Bird (London)
United Kingdom 1 contribution 320 visits
,
Bird & Bird (London)
United Kingdom 1 contribution 320 visits
,
Bird & Bird (London)
United Kingdom 1 contribution 320 visits
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 Belgian Competition Authority publishes its annual enforcement priorities for 2020
Allen & Overy (Brussels)
Belgium 28 contributions 3395 visits
,
Bird & Bird (Brussels)
Belgium 13 contributions 2083 visits
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
Bird & Bird (Helsinki)
Finland 1 contribution 162 visits
,
Dittmar & Indrenius (Helsinki)
Finland 4 contributions 1243 visits
,
Bird & Bird (Helsinki)
Finland 14 contributions 1146 visits
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)
Sweden 70 contributions 10344 visits
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 (...)

The Belgian Competition Authority publishes its enforcement priorities for 2019
Bird & Bird (Brussels)
Belgium 42 contributions 12540 visits
,
Allen & Overy (Brussels)
Belgium 28 contributions 3395 visits
,
Bird & Bird (Brussels)
Belgium 13 contributions 2083 visits
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 (...)

The Spanish Competition Authority issues decision in bid rigging case, thus revealing several related legislative and interpretative issues (Vossloh Laeis)
University of Bristol - Law School
United Kingdom 92 contributions 25754 visits
Bid rigging conspiracy in railroad electrification works: A very Spanish ’sainete’* A case of bid rigging in works contracts for high-speed and conventional railroad electrification in Spain evidences a number of shortcomings in the domestic transposition of the 2014 rules on discretionary (...)

The French Ministry of Economy clears a Phase II review and imposes commitments to maintain employment (Cofigeo / Agripole)
Van Bael & Bellis (Brussels)
Belgium 227 contributions 72760 visits
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 (...)

The Spanish Competition Authority issues guidance to identify potential fraud in public procurement
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47331 visits
,
Callol, Coca & Asociados (Madrid)
Spain 61 contributions 4239 visits
,
Callol, Coca & Asociados (Madrid)
Spain 43 contributions 3439 visits
…
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., (...)

The US FTC and DOJ publish the proposed antitrust guidelines for international enforcement and cooperation
Jones Day (Cleveland)
États-Unis 12 contributions 4605 visites
,
États-Unis 23 contributions 11499 visites
,
Jones Day (Washington)
United States 17 contributions 14295 visits
…
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)
Hong Kong 55 contributions 11845 visits
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)
India 63 contributions 18882 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19841 visits
,
Shardul Amarchand Mangaldas (New Delhi)
India 67 contributions 20122 visits
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 (...)

Anticompetitive practices

 The US DoJ secures a guilty plea from the former president of an asphalt paving company for his role in a conspiracy to rig bids for asphalt paving services contracts in Michigan (Daniel Israel)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Former President of Asphalt Paving Company Pleads Guilty to Bid Rigging* The former president of a Michigan-area asphalt paving company pleaded guilty yesterday for his role in a conspiracy to rig bids for asphalt paving services contracts in Michigan. According to court documents filed in (...)

The Canadian Competition Authority files criminal charges against two company managers for conspiring to rig bids on public road and culvert work procurements (Richard Dionne / Richard Labelle)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11808 visites
Two individuals charged with conspiracy to rig bids for public road work on Highway 50 in Outaouais* Criminal charges were laid before the Court of Québec yesterday against Richard Dionne and Richard Labelle, who are accused of conspiring in 2021 to rig bids on public road and culvert work (...)

The Canadian Competition Authority imposes $200K settlement fine on an engineering firm for bid-rigging (Teknika)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11808 visites
Teknika HBA Inc. to pay $200,000 in settlement over bid-rigging on municipal contracts in Québec* Engineering firm Teknika HBA Inc. (now Les Services EXP Inc.) has been ordered to pay $200,000 for bid-rigging on municipal infrastructure contracts in Québec. The payment is part of a (...)

The Austrian Cartel Court imposes a €27M fine on a leading construction company in Central and Eastern Europe for cartel behaviour (Swietelsky)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
Construction cartel: Cartel Court imposes a fine of EUR 27.15 million on Swietelsky at AFCA’s request* The Cartel Court issued a decision on 27 March 2023, finding that Swietelsky breached the ban on cartels in the form of a single and continuous infringement and imposing a fine of EUR 27.15 (...)

The Japanese Competition Authority issues cease and desist and surcharge payment orders against bid riggers in geological investigation
Japan Fair Trade Commission (Tokyo)
Japon 140 contributions 25043 visites
The JFTC issued cease and desist orders and surcharge payment orders against participants in biddings for geological investigation procured* The Japan Fair Trade Commission (hereinafter referred to as the “JFTC”) today issued cease and desist orders and surcharge payment orders against (...)

The EFTA Surveillance Authority sends a supplementary letter of formal notice to Norway over the granting of exclusive rights by municipalities to publicly owned companies in the waste-management sector
EFTA Surveillance Authority (Brussels)
Belgium 141 contributions 28913 visits
ESA takes further steps against Norway over the granting of exclusive rights for waste management* The EFTA Surveillance Authority (ESA) has today sent a supplementary letter of formal notice to Norway for failing to comply with EEA rules on public procurement when municipalities enter into (...)

The Brazilian Competition Tribunal convicts 7 companies and 15 individuals for bid rigging public procurements for bin bags (Bin Bag Cartel)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21828 visits
CADE convicts cartel in procurements for bin bags* Parties involved in the case are subject to pay fines amounting to BRL 14.5 million In the hearing of 13 September, the Administrative Council for Economic Defense (CADE) convicted seven companies and fifteen individuals for cartel in (...)

The Canadian Competition Authority files criminal charges against two company executives in a bid rigging case (Marcel Roireau / Serge Daunais)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11808 visites
The Competition Bureau lays charges against two executives in a bid-rigging case in Montérégie* News release Criminal charges were laid before the Court of Quebec against two individuals in connection with alleged bid-rigging for paving contracts awarded by the ministère des Transports du (...)

The OECD adopts certain recommendations in order to promote fair competition in procurement by reducing the risk of matched bids, facilitating the detection of cartels and promoting the enforcement of anti-cartel legislations in public procurement
Latvian Competition Council (Riga)
Latvia 124 contributions 24640 visits
OECD: Inter-institutional cooperation, informed contractors, reliable databases and digital tools can help detect cartels in public procurement* The Organisation for Economic Co-operation and Development (OECD) has adopted Recommendations to Combat Cartels in Public Procurement, which call (...)

The Australian Federal Court fines a technology company $1.2M for bid rigging in the tendering to supply technology infrastructure and services to three Pilbara mining village projects (Swift Networks)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84825 visits
Swift Networks to pay $1.2 m penalty for rigging bids for WA mining camps tenders* The Federal Court has today ordered Swift Networks Pty Ltd (Swift) to pay a penalty of $1.2 million for engaging in cartel conduct by rigging bids when tendering to supply technology infrastructure and (...)

The French Competition Authority fines 6 companies in the engineering, maintenance, decommissioning and nuclear waste treatment services sector for engaging in anticompetitive agreements during calls for tender issued by the French Alternative Energies and Atomic Energy Commission (OTND / Nuvia / ENDEL / BCEN / SNEF / SPIE Nucléaire)
French Competition Authority (Paris)
France 748 contributions 411127 visits
The French Competition Authority fines six companies in the engineering, maintenance, decommissioning and nuclear waste treatment services sector for engaging in anticompetitive agreements during calls for tender issued by the French Alternative Energies and Atomic Energy Commission (OTND / (...)

The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €1.4M on a construction firm for bid rigging (Fröschl)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 1.4 million imposed on Fröschl* As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel Court on 05. (...)

The Argentinian Competition Authority recommends the closure of a 2018-initiated ex officio file on alleged anticompetitive conduct involving 52 companies and two business chambers for insufficient direct evidence
Argentinian Competition Authority - CNDC (Buenos Aires)
Argentina 13 contributions 703 visits
The CNDC ruled in the proceedings on alleged collusive practices in public works tenders* After a five-year investigation, the National Commission for the Defense of Competition recommended that the Secretary of Commerce archive the file initiated ex officio in 2018 for alleged (...)

The Austrian Competition Authority files an application with the Cartel Court to impose a fine of €9.8M on a construction firm for bid rigging (Granit Group)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
Construction cartel update: AFCA applies to the Cartel Court to have a fine of EUR 9.8 million imposed on the Granit Group* As part of its successful investigations into the construction industry, the Austrian Federal Competition Authority (AFCA) filed another application with the Cartel (...)

The US DoJ secures the guilty plea of a company and its president for their roles in two separate conspiracies to rig bids for asphalt paving services contracts in Michigan (Allied / Andrew Foster)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Asphalt Paving Company and President Plead Guilty to Bid Rigging* Second and Third Guilty Pleas in Ongoing Investigation of Collusion in Michigan-Area Asphalt Industry A Michigan company and its president pleaded guilty today for their roles in two separate conspiracies to rig bids for (...)

The US District Court for the Eastern District of Texas fines and sentences two military contractors for their roles in a bid rigging scheme involving the maintenance and repair of military tactical vehicles in Texas (Aaron Stephens / John Mark Leveritt)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Owners of Military Contracting Companies Sentenced for Bid Rigging in Texas* Two military contractors were sentenced today in the U.S. District Court for the Eastern District of Texas, Texarkana Division, for their roles in a bid-rigging scheme involving the maintenance and repair of (...)

The US DoJ secures a guilty plea from the vice president of an asphalt paving company for his role in two separate conspiracies to rig bids for asphalt paving services contracts in Michigan (F. Allied Construction Company / Kevin Shell)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Vice President of Asphalt Paving Company Pleads Guilty to Bid Rigging* First Guilty Plea in Ongoing Investigation of Collusion in Michigan-Area Asphalt Industry A senior executive of a Michigan asphalt paving company pleaded guilty today in the U.S. District Court in Detroit for his role (...)

The Australian Federal Court finds a building automation company and its director guilty of bid rigging in connection with a tender conducted by the National Gallery of Australia for the replacement and ongoing maintenance of its building management system (Delta Building Automation / Timothy Davis)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84825 visits
Court finds Delta and its director attempted to rig National Gallery tender* The Federal Court has found that Delta Building Automation Ltd (Delta) and its sole director, Timothy Davis attempted to rig a bid in connection with a tender conducted by the National Gallery of Australia for the (...)

The Polish Competition Authority conducts a preliminary investigation into the possible collusion in the market for production and distribution of ambulances
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
Is there a collusive bidding for ambulances deliveries? Preliminary investigation and searches* Are ambulance deliveries to healthcare facilities made in breach of the competition law? President of UOKiK, Tomasz Chróstny, has opened a preliminary investigation into the case and the Authority’s (...)

The Swedish Competition Authority files a petition to impose a fine on the National Police Authority over an alleged illegal award of contract
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10344 visits
The Swedish Police Authority has awarded a contract for medical services in an incorrect way* The Swedish Police Authority performed an illegal direct award of contract when procuring medical services. The estimated total value of the contract is approximately SEK 14 million. The Swedish (...)

The Romanian Competition Authority fines three companies €4.1M for bid rigging in a government tender for the design and execution of a centre for the provision of electronic services (Dataware Consulting / Kontron Services / Tema Energy)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29505 visits
COMPETITION COUNCIL HAS SANCTIONED THREE COMPANIES FOR BID RIGGING IN TENDERS ORGANISED BY THE MINISTRY OF INTERNAL AFFAIRS* The Competition Council sanctioned Dataware Consulting, Kontron Services Romania and Tema Energy with fines totalling approximately 20.5 million lei (approximately EUR (...)

The Spanish Competition Authority approves the criteria that shall govern the prohibition for companies that distort competition to enter into contracts with the public sector
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31825 visits
The CNMC approves the criteria that shall govern the prohibition for companies that distort competition to enter into contracts with the public sector.* Since 2015, companies sanctioned for serious competition infringements have been banned from contracting with the public sector. Until now, (...)

The Bulgarian Competition Authority concludes that three undertakings colluded to rig bids in the market for the production and sale of professional work shoes (Cavaler Union 2001 / Technomat-Mercury / Labor Producing Cooperation)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2986 visits
The Commission on protection of competition has addressed allegations for cartel agreement between “Cavaler Union 2001” EOOD, “Technomat-Mercury” EOOD and Labor-producing cooperation for handicapped “Zdravohod” for manipulating numerous public procurement procedures* By Statement No (...)

The French Competition Authority fines three companies a total of €174K for anticompetitive agreements relating to public tenders for a heritage building restoration (Bernard Battais et fils / Lelu / ECR)
French Competition Authority (Paris)
France 748 contributions 411127 visits
Three companies fined for anticompetitive agreements in public tenders for heritage building renovation in the Hauts-de-France region* Background Following inspections and an investigation report sent by the French Directorate General for Competition, Consumer Affairs and Fraud Control (...)

The Saudi Arabian Competition Authority fines two engineering firms for bid rigging (Khatib & Alami / Marwan Al Mutlaq and Fahd Bonhaya)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1823 visits
The General Authority for Competition announces penalties for two firms operating in the engineering consultancy sector* Pursuant to the mandate of the General Authority for Competition with regard to the enforcement of the Competition Law; and as part of its role in protecting and (...)

The Latvian Competition Authority fines three road construction firms for bid rigging in public procurement tenders (ACB / Ceļu pārvalde / Strabag)
Latvian Competition Council (Riga)
Latvia 124 contributions 24640 visits
Competition Council discovers a road construction cartel* On 1 June, the Competition Council (the CC) issued an official decision regarding the discovery of three road building companies’ (AS A.C.B, AS ‘Ceļu pārvalde’, and SIA STRABAG) prohibited agreement in the context of participation in (...)

The South African Competition Authority refers a personal protective equipment supplier to the Competition Tribunal for excessive pricing of hand sanitisers (Red Roses)
South African Competition Commission (Pretoria)
South Africa 25 contributions 3161 visits
COMMISSION REFERS SAPS SUPPLIER TO THE TRIBUNAL FOR EXCESSIVE PRICING OF HAND SANITISERS* On Wednesday, 17 May 2023, the Competition Commission ("Commission") referred a third COVID-19-related public procurement case to the Competition Tribunal (“Tribunal”) for prosecution. This follows the (...)

The Austrian Competition Authority files an application to impose a fine of €3.5M on a construction cartel (Gebrüder Haider)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
Construction cartel update: Gebrüder Haider fine set at EUR 3.51 million* In October 2022, the AFCA applied to the Cartel Court for an appropriate fine to be imposed on the companies Gebrüder Haider Bauunternehmung Gesellschaft m.b.H., Gebrüder Haider & Söhne GmbH, Gebrüder Haider & (...)

The Lithuanian Competition Authority holds that a municipality infringed competition law by transferring the management of a swimming pool and the provision of other services to its own institution without a competitive procedure (Palanga City)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20929 visits
PALANGA CITY MUNICIPALITY IS OBLIGED TO ORGANISE A COMPETITIVE PROCEDURE FOR THE SELECTION OF A SWIMMING POOL MANAGER* Konkurencijos taryba has decided that the Municipality of Palanga (Municipality) infringed the Law on Competition by transferring the management of a swimming pool and the (...)

The US DoJ secures a total of 94 months imprisonment and a $1.8M restitution order following the successful prosecution and conviction of a former public officer and a contractor for bid rigging (Yong / Opp)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Former Public Official and California Contractor Sentenced for Bid Rigging and Bribery* A former Caltrans contract manager and a former contractor were sentenced today in the U.S. District Court for the Eastern District of California in Sacramento for their roles in a bid-rigging and bribery (...)

The US DoJ secures 78 months imprisonment and an almost $1M restitution order following the successful prosecution and conviction of a construction company owner for bid rigging (Bill Miller)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Construction Company Owner Sentenced to 78 Months in Prison and Ordered to Pay Nearly $1 Million in Restitution for Rigging Bids and Bribing a Public Official* Case Involved Public Works for the California Department of Transportation A construction company owner in California was (...)

The Australian Federal Court imposes a fine on an architectural firm and its former MD for attempted bid rigging in a University tender (ARM Architecture / Anthony Allen)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84825 visits
ARM Architecture and its former MD to pay penalties for attempted rigging of university tender* The Federal Court today found architecture firm Ashton Raggatt McDougall Pty Ltd (ARM Architecture) and its former managing director, Anthony (Tony) John Allen had attempted to rig bids for a (...)

The Spanish Competition Authority investigates possible anticompetitive practices in the allocation of travel agency tenders
Spanish Competition Authority (CNMC) (Madrid)
Spain 143 contributions 31825 visits
The CNMC investigates possible anti-competitive practices in the allocation of travel agency tenders* These practices consist of agreements for the manipulation and allocation of tenders called by the General State Administration. On 28, 29, 30 and 31 March, the CNMC carried out dawn raids at (...)

The US DoJ secures three convictions for a bid rigging scheme which defrauded the military of $7M (Alan Carson / Valerie Hayes / Philip Flores)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Military Contractors Convicted for $7 Million Procurement Fraud Scheme* A federal jury in the Northern District of Georgia convicted three military contractors today on one count of conspiring to defraud the United States and two counts of major fraud. According to court documents and (...)

The Canadian Competition Authority fines an engineering firm $485,000 as part of the settlement deal to conclude its investigation of the firm’s role in a bid-rigging scheme that targeted municipal infrastructure contracts in Québec and Montreal between 2002 and 2011 (BPR)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11808 visites
BPR to pay $485,000 following seventh Québec bid-rigging settlement* Engineering firm BPR-Infrastructure Inc. has been ordered to pay $485,000 for bid-rigging related to consulting engineering services for municipal infrastructure contracts in the province of Québec. The payment is part of (...)

The Portuguese Competition Authority issues a €2M fine on suppliers of electric cables for engaging in a public procurement cartel (Cabelte / Quintas & Quintas /Solidal)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30250 visits
AdC sanctions suppliers of electric cables for cartel in public procurement* The Portuguese Competition Authority (AdC) has sanctioned the companies Cabelte - Cabos Eléctricos e Telefónicos (Cabelte), S.A., Quintas & Quintas - Condutores Eléctricos, S.A. (Q&Q) and Solidal - (...)

The Australian Competition Authority launches Federal Court proceedings against a technology company for alleged bid rigging and price fixing when tendering to supply equipment and services to five mining village sites (Swift Networks)
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84825 visits
Court action for alleged tendering cartel at WA mining camps* The ACCC has launched Federal Court proceedings against technology company Swift Networks Pty Ltd (Swift) for alleged bid rigging and price fixing when tendering to supply equipment and services to five Pilbara mining village (...)

The Polish Competition Authority charges seven entrepreneurs with bid rigging in the construction of the power grid infrastructure
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
Bid rigging - proceedings of President of UOKiK* President of the Office of Competition and Consumer Protection, Tomasz Chróstny, has charged seven entrepreneurs with entering into bid rigging. They might have unlawfully obtained contracts for the construction or modification of elements of (...)

The US DoJ secures a sentence of 15 months jail term and over $1M restitution to victims of bid rigging and fraud following the conviction of an insulation contracting firm’s co-owner (Michael S. Flynn)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Insulation Contracting Firm Co-Owner Sentenced to Fifteen Months in Prison and Ordered to Pay more than $1 Million to Victims of Bid Rigging and Fraud* Victims include the University of Connecticut, the City of Hartford, PepsiCo. Inc., Stamford Hospital, and Yale University Michael S. (...)

The Polish Competition Authority fines seven entrepreneurs for bid rigging in the market for waste disposal (Remondis Sanitech Poznań / PreZero Dolny Śląsk / Przedsiębiorstwo Usług Komunalnych Artur Zys / EKO-TOM Turguła / ORDO Poznań / Przedsiębiorstwo Usług Komunalno-Transportowych Vikom...)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
More than pln 7 million in penalties imposed by the President of UOKiK for bid rigging on waste market* President of UOKiK Tomasz Chróstny imposed penalties for bid rigging on seven entrepreneurs operating in, inter alia, waste collection sector. The consortium established by the companies was (...)

The US DOJ secures a guilty plea by a Texas military contractor for bid rigging (Aaron Stephens)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Military Contractor Pleads Guilty to Bid Rigging* A Texas military contractor pleaded guilty on Jan. 12 to rigging bids on public military contracts in the state of Texas. According to court documents, Aaron Stephens, 53, conspired with others to rig bids on certain government contracts (...)

The Portuguese Competition Authority accuses suppliers of extra-high voltage cables of anticompetitive agreement in public procurement procedures (Cabelte / Quintas & Quintas / Solidal)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30250 visits
AdC accuses suppliers of extra-high voltage cables of anticompetitive agreement in public procurement procedures* The Statement of Objections The Portuguese Competition Authority (AdC) has issued a Statement of Objections for an agreement or concerted practice restricting competition (...)

The US DoJ secures guilty plea of two Kentucky real estate professionals for bid rigging farmland auction (Barry Dyer / Mackie Shelton)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
Two Kentucky Real Estate Professionals Plead Guilty to Bid Rigging Farmland Auction* Two Kentucky real estate professionals pleaded guilty today for their roles in a conspiracy to rig bids at an estate auction for farmland and timber rights. According to a plea agreement filed today in the (...)

The Polish Competition Authority opens a bid rigging investigation into the production and distribution of gas meters
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
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)
Canada 84 contributions 11808 visites
$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)
Mexico 140 contributions 30549 visits
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)
United States 181 contributions 80381 visits
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)
Portugal 119 contributions 30250 visits
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)
Belgium 141 contributions 28913 visits
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)
Slovakia 57 contributions 5798 visits
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)
Croatia 120 contributions 20019 visits
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)
United States 181 contributions 80381 visits
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)
Poland 120 contributions 22833 visits
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)
United States 181 contributions 80381 visits
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)
Poland 120 contributions 22833 visits
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)
United States 181 contributions 80381 visits
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 Serbian Competition Authority imposes a €460K fine on 5 companies in the hazardous waste management market for forming a consortium to participate in a public procurement procedure (MITECO Kneževac / Yunirisk / Modekolo / Brem / Kemeko)
Schoenherr (Belgrade)
Serbia 2 contributions 385 visits
The Commission for Protection of Competition of the Republic of Serbia recently imposed a €460,000 fine on companies in the hazardous waste management market for forming a consortium to participate in a public procurement procedure. Facts Following a public procurement procedure announced (...)

The Portuguese Competition Authority sanctions bid-rigging cartel in the security sector
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30250 visits
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, (...)

The Mexican Competition Authority investigates public tender procedures for the acquisition of electoral material and documentation
Mexican Competition Authority (Mexico City)
Mexico 140 contributions 30549 visits
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 (...)

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)
Spain 143 contributions 31825 visits
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 (...)

The Spanish Competition Authority fines six of the nation’s largest construction companies for rigging bids over a period of 25 years (Acciona Construcción / Dragados / FCC Construcción / Ferrovial Construcción / Obrascón Huarte Lain / Sacyr Construcción)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47331 visits
The CNMC has imposed fines totalling €203.6 million on Spain’s leading construction companies Acciona Construcción, S.A., Dragados, S.A., FCC Construcción, Ferrovial Construcción, Obrascón Huarte Lain, S.A. and Sacyr Construcción S.A. The fined companies rigged thousands of public tenders (...)

The Hungarian Competition Authority issues a large fine on four companies which agreed on the allocation of a public tender for anaesthesia and ventilation equipment (Dräger Medical / GE Hungary / Aladdin Medical / HOGE Orvosi Műszer)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
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)
Spain 143 contributions 31825 visits
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 (...)

The EU Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944427 visits
Antitrust: Commission carries out unannounced inspections in the water infrastructure sector over alleged bid-rigging* The European Commission is conducting unannounced inspections in a Member State at the premises of companies active in the construction of networks and treatment plants for (...)

The Brazilian Competition Authority finds mobile phone operators liable for cartel arrangements (Claro / Oi Movel / Telefonica Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21828 visits
CADE fines Claro, Oi Móvel and Telefônica 783 million reais for antitrust violations in Correios’ tender* The procurement process for data transmission services took place in 2015 On 11 May 2022, the Tribunal of the Administrative Council for Economic Defense (CADE) convicted the mobile (...)

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)
Germany 458 contributions 117188 visits
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 Brazilian Competition Authority fines a provider of high-cost medical devices for bid rigging (St Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21828 visits
CADE signs agreement in cartel investigation into public tender for orthoses, prostheses, and high-cost medical devices* The firm Saint Jude Medical Brasil must pay BRL 56.4 million as a financial contribution On 27 April 2022, the Administrative Council for Economic Defense (CADE) signed (...)

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)
Lithuania 107 contributions 20929 visits
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 (...)

The Turkish Administrative Court Ankara annuls the 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)
Turkey 173 contributions 84378 visits
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkey 7 contributions 2421 visits
,
Havard Law School (Cambridge, MA)
United States 6 contributions 2843 visits
…
The Ankara 9th 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 detects first bid rigging cartel in public procurement (Agro-Vir/ Agrodalm / Diljexport / Marino Lučko)
Croatian Competition Agency (Zagreb)
Croatia 120 contributions 20019 visits
CCA detects first bid rigging cartel in public procurement* In its infringement decision of 28 April 2022, the Croatian Competition Agency found that in the period from 4 June 2012 to 1 January 2014 the undertakings Agro-Vir d.o.o., Agrodalm d.o.o. and Diljexport d.o.o., all from Zagreb, (...)

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)
Croatia 2 contributions 908 visits
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 (...)

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)
Poland 120 contributions 22833 visits
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)
Hungary 95 contributions 19902 visits
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 Bulgarian Competition Authority initiates proceedings against 7 work shoe and clothing producers for suspected bid rigging (Technomat Mercury / Kavaler Union 2001 / Apollo / Kriston / Lorton / Labor-Productive Cooperative of the Disabled Zdravohod / Krasi Style 8)
Bulgarian Commission for the Protection of Competition (Sofia)
Bulgaria 20 contributions 2986 visits
CPC initiates proceedings to establish the possible existence of a cartel agreement aimed at manipulating procedures for the awarding of public contracts with the subject of production and supply of official clothing and footwear* In fulfillment of one of the main priorities for the (...)

The Czech Competition Authority imposes fines for cartel behaviour in the market for AV Equipment suppliers (AV Media Systems)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
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. (...)

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)
Greece 132 contributions 18620 visits
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)
Spain 143 contributions 31825 visits
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 (...)

The US District Court of Minnesota indicts a concrete company and its CEO for rigging bids for public contracts (Kamida)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
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 (...)

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)
Greece 132 contributions 18620 visits
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 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 crimes
McDermott Will & Emery (Los Angeles)
United States 1 contribution 407 visits
,
McDermott Will & Emery (Washington)
United States 8 contributions 4536 visits
,
McDermott Will & Emery (Boston)
United States 1 contribution 407 visits
…
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 (...)

The Austrian Competition Authority files an application at the cartel court for the imposition of a fine on a cabinet maker (Cabinetmaking Cartel / Norer Tischlereigesellschaft)
Austrian Competition Authority (Vienna)
Austria 64 contributions 7784 visits
AFCA files application to impose fine on joiner/cabinetmaker* In the course of its investigations into the joinery/cabinetmaking industry, the Austrian Federal Competition Authority (AFCA) filed its first application with the Cartel Court on 16 February 2022 to fine one of the investigated (...)

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)
Italy 72 contributions 19349 visits
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 (...)

The Hellenic Competition Authority issues decision on a complaint launched against a security services company for cartel activity in a tender process (Mondialpol Hellas / ISS Security)
Hellenic Competition Commission (Athens)
Greece 132 contributions 18620 visits
Decision on the complaint lodged against the companies under the names “MONDIALPOL HELLAS SECURITY SERVICES S.A” and “ISS SECURITY S.A.*” Subject: Decision on the complaint lodged against the companies under the names “MONDIALPOL HELLAS SECURITY SERVICES S.A” and “ISS SECURITY S.A.” (now (...)

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)
United States 8 contributions 4536 visits
,
McDermott Will & Emery (Washington)
United States 16 contributions 3177 visits
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)
United States 181 contributions 80381 visits
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 (...)

The Czech Competition Authority imposes repeated fines for cartel activity in the information technology sector (Olomouc IT)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
The office imposed repeated fines for the IT Cartel in Olomouc, amounting to almost CZK 80 Million* The Office for the Protection of Competition (hereinafter referred to as “the Office”) re-imposed fines on members of the so-called cartel, as the previous decision was annulled in the (...)

The Hellenic Competition Authority issues infringement decision and imposes fines following investigation of tender for the public infrastructure project in Crete -Gournes-Chersonisos motorway
Hellenic Competition Commission (Athens)
Greece 132 contributions 18620 visits
Decision No 755/2021 - Ex officio investigation in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part*” Subject: Decision following the ex-officio investigation in the tender for the public infrastructure project “Northern Road of Crete, (...)

The Slovak Competition Authority fines three cartel members €9M for bid rigging in construction projects for the national electricity grid
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5798 visits
CARTELS: AMO SR imposed fines of almost EUR 9 million for a cartel in public procurement in energy sector* AMO SR imposed almost 9 mil. fine on three cartel participants. On 30 December 2021 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter “the Office“) (...)

The Spanish High Court quashes the Competition Authority’s fine against a railway company for market sharing, price fixing and exchanging sensitive commercial information in the supply of railway switches (JEZ Sistemas Ferroviarios)
Callol, Coca & Asociados (Madrid)
Spain 170 contributions 47331 visits
The High Court, by Judgement of 27 December 2021 upheld the appeal filed by JEZ Sistemas Ferroviarios, S.L. (JEZ) against the Decision of the National Markets and Competition Commission (CNMC) of 30 June 2016, INFRAESTRUCTURAS FERROVIARIAS, file S/0519/14 (CNMC Decision). The CNMC Decision (...)

The Slovak Competition Authority imposes fines totalling almost €33,000 for a cartel in public procurement for construction works in the energy sector (BECO / WR system / STAVOR)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5798 visits
CARTELS: AMO SR imposed fines totalling almost EUR 33 000 for a cartel in public procurement for construction works in energy sector* For the unlawful conduct of undertakings, AMO SR imposed fines and prohibited participation in public procurements. On 22 December 2021 the Antimonopoly (...)

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)
Lithuania 107 contributions 20929 visits
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 Hellenic Competition Authority conducts investigation in the tender for public infrastructure project in Crete - Gournes-Chersonisos motorway
Hellenic Competition Commission (Athens)
Greece 132 contributions 18620 visits
Decision No 748/2021 - Ex officio investigation in the tender for the public infrastructure project “Northern Road of Crete, Gournes – Chersonissos Part”* Subject: Decision following Article 25a of Law 3959/2011 and the Hellenic Competition Commission (“HCC”) Decision No 704/2020 on the (...)

The Swedish Competition Authority declares that a services agreement between a municipality and a waste management firm was an illegal direct award of contract (Bromölla / Kristianstads Renhållnings)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10344 visits
Bromölla’s cooperation agreement on services related to waste management was an illegal direct award of contract* The cooperation agreement signed between Bromölla Municipality and Kristianstads Renhållnings AB did not constitute the type of cooperation between contracting authorities that (...)

The German Competition Authority publishes its guidelines on the premature deletion of an entry in the register for public procurement
German Competition Authority (Bonn)
Germany 458 contributions 117188 visits
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 (...)

The Polish Competition Authority initiates proceedings against three entrepreneurs for alleged bid rigging (Antczak Sprzątanie / Remonty Handel /Tech-Fen)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
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 Swedish Competition Authority fines a regional public bus authority for extending procurement contracts without the requisite procedure during the COVID-19 pandemic (Skånetrafiken)
Swedish Competition Authority (Stockholm)
Sweden 70 contributions 10344 visits
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 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)
Poland 120 contributions 22833 visits
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 New Caledonian Competition Authority closes its investigation into the potential abuse of a public tender by three companies with the same owner (Net Eclair, EGN Cleaning and Sprint Pacific)
New Caledonia Competition Authority (Noumea)
New Caledonia 33 contributions 3784 visits
Dismissal in the context of a call for tenders on the office cleaning market (decision no. 2021-PAC-02 of November 4, 2021)* On February 20, 2019, the Department of Purchasing, Heritage and Resources of New Caledonia (DAPM) launched a call for tenders for the cleaning of offices and (...)

The Australian Competition Authority warns public agencies on the risks of potential collusion between bidders during procurement processes
Australian Competition and Consumer Commission (Canberra)
Australia 400 contributions 84825 visits
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 (...)

The Australian Competition Authority warns the government against bid rigging in public tenders
Jones Day (Sydney)
Australia 3 contributions 1529 visits
,
Jones Day (Sydney)
Australia 10 contributions 2169 visits
,
Jones Day (Melbourne)
Australia 10 contributions 1405 visits
…
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 bid rigging in national defense procurement contracts (Bart Verbeeck / Robby Van Mele / G4S Secure Solutions)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
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)
Hungary 95 contributions 19902 visits
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)
Spain 143 contributions 31825 visits
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)
Spain 143 contributions 31825 visits
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 Slovenian Administrative Court upholds the Competition Authority’s decision in a bus bid rigging case and sets the standards for the analysis of future by object restrictions (Bus cartel)
Rojs, Peljhan, Prelesnik & partnerji (Ljubljana)
Slovenia 1 contribution 78 visits
On 16 September 2021, the Administrative Court of the Republic of Slovenia (“Administrative Court”) issued a judgment in an administrative dispute against a decision of the Slovenian Competition Protection Agency (“CPA”) deciding on an infringement of the Article 6 of the Slovenian Act on the (...)

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)
Brazil 75 contributions 21828 visits
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)
Espagne 22 contributions 31757 visites
,
Herbert Smith Freehills (Madrid)
Spain 3 contributions 660 visits
,
Herbert Smith Freehills (Madrid)
Espagne 12 contributions 2192 visites
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)
Brazil 75 contributions 21828 visits
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 Brazilian Competition Authority recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices (Biotronik Comercial Médica / Boston Scientific do Brasil / Medtronic Comercial / St. Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21828 visits
CADE’s Office of the General Superintendent recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices* Together, the collusive firms controlled the entire market of implantable cardiac pacemakers used in heart disease treatments On 24 August, CADE’s (...)

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)
Spain 143 contributions 31825 visits
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)
Brazil 75 contributions 21828 visits
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 (...)

The Latvian Competition Authority fines ten construction companies a total of €16M for being part of a bid-rigging cartel (Re & Re / Velve / Skonto Būve...)
Latvian Competition Council (Riga)
Latvia 124 contributions 24640 visits
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)
Latvia 124 contributions 24640 visits
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)
Latvia 124 contributions 24640 visits
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 (...)

The Russian Competition Authority clarifies how to enter joint procurement agreements such as "purchasing unions" without violating competition legislation
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57365 visits
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 (...)

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)
Portugal 119 contributions 30250 visits
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 (...)

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)
Hungary 95 contributions 19902 visits
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 (...)

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)
Romania 160 contributions 29505 visits
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 (...)

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)
Brazil 75 contributions 21828 visits
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)
Canada 84 contributions 11808 visites
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)
Sweden 70 contributions 10344 visits
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 $7M in criminal fines and over $1.5M 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)
United States 8 contributions 4536 visits
,
McDermott Will & Emery (Washington)
United States 16 contributions 3177 visits
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 (...)

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)
Lithuania 107 contributions 20929 visits
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 €1M for forming a cartel (Artra / Čechovo / Janoli)
Slovak Competition Authority (Bratislava)
Slovakia 57 contributions 5798 visits
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)
Australia 400 contributions 84825 visits
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 (...)

The Czech Competition Authority fines two national infrastructure companies for public procurement cartel (SPIE Elektrovod / ASE)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
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)
United States 181 contributions 80381 visits
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)
Sweden 70 contributions 10344 visits
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)
Canada 84 contributions 11808 visites
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)
France 748 contributions 411127 visits
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 (...)

The Hungarian Competition Authority investigates the pharmaceutical wholesaler system (Phoenix / Hungaropharma)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
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)
Spain 1 contribution 255 visits
,
Herbert Smith Freehills (Madrid)
Spain 1 contribution 255 visits
,
Herbert Smith Freehills (Madrid)
Spain 3 contributions 660 visits
…
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)
Belgium 43 contributions 12123 visits
,
Van Bael & Bellis (Brussels)
Belgique 163 contributions 56764 visites
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 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
United Kingdom 92 contributions 25754 visits
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 (...)

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)
Belgique 61 contributions 26499 visites
,
Van Bael & Bellis (Brussels)
Belgium 19 contributions 7786 visits
,
Van Bael & Bellis (Brussels)
Belgique 163 contributions 56764 visites
…
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 (...)

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)
India 84 contributions 8885 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
…
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)
Latvia 124 contributions 24640 visits
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 (...)

The EU Commission releases guidance to help contracting authorities fight collusion in public procurement
Portolano Cavallo (Milan)
Italie 63 contributions 10441 visites
,
Portolano Cavallo (Milan)
Italie 36 contributions 7165 visites
,
Portolano Cavallo (Milan)
Italy 3 contributions 873 visits
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)
Spain 14 contributions 2387 visits
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)
Poland 120 contributions 22833 visits
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)
United States 181 contributions 80381 visits
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)
Lithuania 107 contributions 20929 visits
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 (...)

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)
Belgium 37 contributions 9318 visits
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)
Latvia 124 contributions 24640 visits
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)
ADVANT Beiten (Brussels)
Belgium 12 contributions 22104 visits
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)
Sweden 70 contributions 10344 visits
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)
Sweden 70 contributions 10344 visits
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)
Sweden 70 contributions 10344 visits
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 (...)

The Czech Competition Authority imposes fines totaling CSK 75 million for an IT cartel agreement (Autocont / Tesco / Asseco Central Europe)
Czech Competition Authority (Brno)
Czech Republic 49 contributions 6711 visits
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)
Bryan Cave Leighton Paisner (Paris)
France 1 contribution 591 visits
,
French Ministry of Economy and Finance (Paris)
France 1 contribution 591 visits
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 (...)

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)
Sweden 70 contributions 10344 visits
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 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)
Slovakia 57 contributions 5798 visits
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)
United States 181 contributions 80381 visits
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)
France 327 contributions 57365 visits
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 (...)

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)
France 327 contributions 57365 visits
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 (...)

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)
France 327 contributions 57365 visits
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)
Austria 64 contributions 7784 visits
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 warns businesses against price-fixing, bid-rigging, and market sharing in manufacturing or distribution as well as the sale of public health products in the face of the COVID-19 pandemic (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
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 (...)

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)
France 327 contributions 57365 visits
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 (...)

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)
Sweden 70 contributions 10344 visits
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)
Sweden 70 contributions 10344 visits
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)
Slovakia 57 contributions 5798 visits
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)
France 327 contributions 57365 visits
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)
Finland 75 contributions 12657 visits
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)
General Authority for Competition (Riyadh)
Saudi Arabia 19 contributions 1823 visits
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)
Sweden 70 contributions 10344 visits
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 (...)

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)
Romania 160 contributions 29505 visits
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 (...)

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)
KU Leuven
Belgium 15 contributions 3504 visits
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 (...)

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)
Finland 75 contributions 12657 visits
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)
France 327 contributions 57365 visits
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 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)
Poland 120 contributions 22833 visits
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 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)
France 748 contributions 411127 visits
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 (...)

The Polish Competition Authority opens two investigations into bid-rigging in the forestry sector (Niedźwiady Forest Inspectorate)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
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 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)
United States 4 contributions 466 visits
,
Baker Botts (Washington)
United States 4 contributions 610 visits
,
Clifford Chance (Washington)
United States 11 contributions 2667 visits
…
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 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)
Italy 72 contributions 19349 visits
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 (...)

The Polish Competition Authority investigates the outdoor advertising market in Warsaw (AMS / Ströer Polska)
Polish Competition Authority (Warsaw)
Poland 120 contributions 22833 visits
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 (...)

The Danish Competition Authority fines an association of passenger carriers for bid-rigging in public procurement (ØFP)
Danish Competition and Consumer Authority (Copenhagen)
Denmark 133 contributions 36478 visits
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 (...)

The US DoJ charges a commercial flooring contractor with bid-rigging in an ongoing investigation (Vortex Commercial Flooring)
US Department of Justice (Washington)
United States 181 contributions 80381 visits
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 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)
Finland 75 contributions 12657 visits
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 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)
India 84 contributions 8885 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
…
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 (...)

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)
Romania 160 contributions 29505 visits
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 (...)

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)
Mexico 140 contributions 30549 visits
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 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)
Poland 120 contributions 22833 visits
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 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)
Latvia 124 contributions 24640 visits
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)
Lithuania 107 contributions 20929 visits
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 Indian Competition Authority refuses to penalize railway companies for bid-rigging due to the economic downturn caused by COVID-19 (Chief Materials Manager, South Eastern Railway / Hindustan Composites)
Lakshmikumaran & Sridharan (New Delhi)
India 84 contributions 8885 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
…
KEY POINTS While the CCI found sufficient evidence to hold that there existed a contravention of Section 3(3) of the Act, given the economic downturn due to the pandemic faced by Micro Small and Medium Enterprises (“MSMEs”) in India, and other public interest considerations, the CCI imposed (...)

The German Competition Authority assists a national hospital institute in ensuring a competitive procurement process for licensing a new algorithm for invoicing hospital services (Institute for the Hospital Remuneration System)
German Competition Authority (Bonn)
Germany 458 contributions 117188 visits
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)
India 84 contributions 8885 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
…
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)
Mexico 140 contributions 30549 visits
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)
United States 181 contributions 80381 visits
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)
Latvia 124 contributions 24640 visits
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 (...)

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)
Italy 72 contributions 19349 visits
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)
Sweden 70 contributions 10344 visits
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 (...)

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)
Sweden 70 contributions 10344 visits
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 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)
Lithuania 107 contributions 20929 visits
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)
Sweden 70 contributions 10344 visits
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 (...)

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)
India 84 contributions 8885 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10788 visits
,
Lakshmikumaran & Sridharan (New Delhi)
India 92 contributions 10857 visits
…
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 (...)

The Slovak Competition Authority imposes fines totaling €6.7 million for a cartel agreement between dealers of motor vehicles (Volkswagen)
Bird & Bird (Bratislava)
Slovakia 1 contribution 199 visits
,
Bird & Bird (Prague)
Czech Republic 25 contributions 4475 visits
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)
Latvia 124 contributions 24640 visits
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 (...)

The Portuguese Competition Authority imposes a €1.8M fine for bid-rigging in the railway maintenance sector (Fergrupo / Somafel)
Vieira de Almeida (Lisbon)
Portugal 9 contributions 826 visits
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 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)
United Kingdom 1 contribution 148 visits
,
Freshfields Bruckhaus Deringer (London)
United Kingdom 1 contribution 148 visits
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)
United States 4 contributions 466 visits
,
Baker Botts (Washington)
United States 1 contribution 160 visits
,
Amazon (Washington)
United States 4 contributions 610 visits
…
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 (...)

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)
Spanish Competition Authority (CNMC) (Madrid)
Spain 8 contributions 1500 visits
,
Ashurst (Madrid)
Spain 14 contributions 2387 visits
The Spanish Competition Authority ("CNMC") has fined Schneider Electric Spain ("Schneider"), Adasa Sistemas ("Adasa") and DTN Services and Systems Spain ("DTN") a total of EUR 610,000 for organising a bid rigging cartel in the market for the supply and maintenance of weather radars tendered by (...)

The Indian Competition Authority rules that the conduct of a bidder who hires proxy bidders is not anti-competitive (Plasser / Harbour Sales)
Shardul Amarchand Mangaldas (Mumbai)
Inde 3 contributions 957 visites
Recently, Competition Commission of India (CCI) in the case of Plasser India v. Harbour Sales Private Limited., (Plasser India case) decided that a mere possibility of potential collusion based on common ownership of agents in a bid does not show anti-competitive conduct thereby not leading to (...)

The US DoJ indicts a third individual for bid-rigging in online auctions for surplus government equipment (GSA Auctions / Alan Gaines)
Baker Botts (Washington)
United States 4 contributions 466 visits
,
Clifford Chance (Washington)
United States 11 contributions 2667 visits
,
Baker Botts (Washington)
United States 4 contributions 610 visits
…
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 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)
Hongrie 18 contributions 2480 visites
,
Bird & Bird (Budapest)
Hongrie 16 contributions 2228 visites
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 (...)

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)
Mexico 140 contributions 30549 visits
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)
Denmark 133 contributions 36478 visits
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)
Denmark 2 contributions 917 visits
,
Gorrissen Federspiel (Copenhagen)
Denmark 7 contributions 2633 visits
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 (Maastricht)
Netherlands 5 contributions 3163 visits
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
Netherlands 2 contributions 441 visits
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 (...)

The US DoJ announces major new government procurement antitrust initiative
Latham & Watkins (New York)
United States 4 contributions 946 visits
,
Latham & Watkins (Washington)
United States 1 contribution 61 visits
,
Latham & Watkins (Washington)
United States 1 contribution 61 visits
…
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)
United States 5 contributions 626 visits
,
Baker McKenzie (Washington)
United States 1 contribution 114 visits
,
Baker McKenzie (Washington)
États-Unis 2 contributions 164 visites
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 forms new criminal antitrust “strike force” focused on investigating price-fixing and bid-rigging for government contracts
Baker Botts (Washington)
United States 4 contributions 610 visits
,
Clifford Chance (Washington)
United States 11 contributions 2667 visits
,
Amazon (Washington)
United States 4 contributions 610 visits
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 launches a "Strike Force" to combat anticompetitive crimes in government procurement
Jones Day (Washington)
United States 5 contributions 1047 visits
,
Jones Day (Washington)
United States 1 contribution 440 visits
,
Jones Day (Washington)
United States 1 contribution 440 visits
…
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 (...)

The US DoJ announces the formation of a "Procurement Collusion Strike Force"
Ontra (Philadelphia)
United States 1 contribution 472 visits
,
Morgan Lewis (Washington)
United States 1 contribution 472 visits
,
Morgan Lewis (Silicon Valley)
United States 11 contributions 2035 visits
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 a new strike force to tackle criminal antitrust violations in the public procurement arena
Hogan Lovells (Washington)
United States 11 contributions 3657 visits
,
Hogan Lovells (Washington)
United States 6 contributions 2849 visits
The division is poised to launch a new strike force aimed at criminal antitrust violations in the public procurement arena. A notice published in the Federal Register identifies a proposed "Procurement Collusion Strike Force complaint form" designed to "facilitate reporting by the public of (...)

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)
Mexico 140 contributions 30549 visits
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 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)
Serbia 2 contributions 385 visits
,
Schoenherr (Belgrade)
Serbia 1 contribution 353 visits
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)
India 263 contributions 43246 visits
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 (...)

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)
India 263 contributions 43246 visits
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 (...)

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)
Inde 8 contributions 6462 visites
,
Trilegal (Bangalore)
Inde 5 contributions 3706 visites
,
Karkinos Healthcare (Mumbai)
8 contributions 6462 visites
The Competition Commission of India (CCI) recently found that SAAR IT Resources Private Limited (OP 1), CADD Systems and Services Private Limited (OP 2) and Pentacle Consultants (I) Private Limited (OP 3), collusively manipulated the process of bidding, by rigging the bids for the tender (...)

The Portuguese Competition Authority accuses two advertising associations of restricting competition in the advertisement services market by setting rules to prevent the participation of its associates in tenders (APAN / APAP)
Portuguese Competition Authority (Lisbon)
Portugal 119 contributions 30250 visits
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 (...)

The Lithuanian Competition Authority fines companies for entering into a cartel for cemetery maintenance services (Vilnius Cemeteries cartel)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20929 visits
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)
Lithuania 13 contributions 8260 visits
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)
10 contributions 4146 visits
,
Tsvetkova Bebov Komarevski (Sofia)
4 contributions 908 visits
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)
Czech Republic 49 contributions 6711 visits
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, (...)

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)
Czech Republic 25 contributions 4475 visits
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)
Italy 72 contributions 19349 visits
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)
Italy 1 contribution 106 visits
,
Portolano Cavallo (Milan)
Italie 63 contributions 10441 visites
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)
France 748 contributions 411127 visits
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 (...)

The Danish City Court of Hellirød fines competing demolition companies for bid-rigging through exchanging prices (Nedrivning)
Bird & Bird (Copenhagen)
Denmark 36 contributions 8354 visits
,
Bird & Bird (Copenhagen)
Denmark 23 contributions 2639 visits
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 (...)

The Brazilian Competition Authority and the Federal Court of Accounts of Brazil enter into a cooperation agreement to fight bid-rigging in public procurement
Hogan Lovells (Washington)
United States 11 contributions 3657 visits
The Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica – CADE) and the Federal Court of Accounts of Brazil (Tribunal de Contas da União – TCU), entered into a cooperation agreement on 27 December 2018 as part of a joint effort to fight violations of the (...)

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)
Portugal 119 contributions 30250 visits
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 (...)

The Hungarian Competition Authority fines four water welling companies for bid rigging (Vikuv Vízkutató és Fúró / Aquazit Szolgáltató...)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
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)
Italie 63 contributions 10441 visites
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 (...)

The Latvian Competition Authority detects illegal coordination between providers of office equipment maintenance and delivery services (TOMEGA / BTK.LV)
Latvian Competition Council (Riga)
Latvia 124 contributions 24640 visits
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)
Greece 132 contributions 18620 visits
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 Professional Corporation
France 55 contributions 14691 visits
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 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)
Germany 1 contribution 209 visits
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 (...)

The French Competition Authority fines three companies for bid-rigging in the public lighting sector (Lapize de Sallée)
French Competition Authority (Paris)
France 748 contributions 411127 visits
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 (...)

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)
India 263 contributions 43246 visits
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 (...)

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)
France 327 contributions 57365 visits
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 (...)

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)
India 263 contributions 43246 visits
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
China 284 contributions 226355 visits
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
China 284 contributions 226355 visits
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 (...)

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)
France 327 contributions 57365 visits
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 (...)

The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika...)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57365 visits
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 (...)

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)
France 19 contributions 26418 visits
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 (...)

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)
Espagne 12 contributions 3296 visites
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 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
United Kingdom 92 contributions 25754 visits
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 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)
Ireland 13 contributions 1463 visits
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 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)
Lithuania 13 contributions 8260 visits
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
China 284 contributions 226355 visits
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)
Denmark 133 contributions 36478 visits
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 (...)

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
China 284 contributions 226355 visits
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)
Luxembourg 57 contributions 110477 visits
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
United Kingdom 92 contributions 25754 visits
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)
France 327 contributions 57365 visits
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)
France 327 contributions 57365 visits
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” (...)

The Russian Arbitration Appeal Court upholds a cartel decision between suppliers of individual respiratory protection equipment (Tambovgalvanotekhnika)
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57365 visits
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 (...)

The Lithuanian Competition Authority finds that two companies concluded a cartel agreement in the nuclear sector (Norvesta / Sypra / Ignalina)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20929 visits
Competitors agreed who will win auction by Ignalina nuclear power plant* The Competition Council found that UAB Norvesta and the German company Sypra concluded a cartel agreement while participating in the radioactive scrap metal auction conducted by Ignalina nuclear power plant, and thus (...)

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)
France 327 contributions 57365 visits
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 (...)

The Lithuanian Competition Authority fines two construction companies for joint bidding in 24 tenders (PST / Irdaiva)
ESG Legal (Vilnius)
Lithuania 13 contributions 8260 visits
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 undertakings for an anticompetitive joint bidding agreement in twenty-four public tenders for construction services (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Lithuania 1 contribution 135 visits
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 firms for bid-rigging in the market for renovation and modernization of schools and kindergartens (PST / Irdaiva)
Lithuanian Competition Authority (Vilnius)
Lithuania 107 contributions 20929 visits
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 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)
Ireland 104 contributions 16756 visits
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
UK Competition & Markets Authority - CMA (London)
United Kingdom 410 contributions 105131 visits
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)
Lithuania 107 contributions 20929 visits
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 (...)

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)
India 263 contributions 43246 visits
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’) (...)

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
China 284 contributions 226355 visits
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)
Greece 132 contributions 18620 visits
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 (...)

The German Competition Authority allows a company to participate in the national consortium for the construction of military corvettes (ARGE K130)
European Commission - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
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 Cypriot Competition Authority fines an association of construction contractors for instructing members to boycott a tender for public repairs and landscaping (SEMEEK)
Commission for the Protection of Competition of the Republic of Cyprus (Nicosia)
Cyprus 64 contributions 9167 visits
Complaint of the Municipality of Paphos against the Association of Contractors of Mechanical and Electrological Works of Cyprus (SEMEEK)* SUMMARY OF THE DECISION The Commission for the Protection of Competition (hereinafter the “CPC”), following the completion of a preliminary (...)

The Latvian Competition Authority fines nine distributors of professional stage equipment for bid-rigging (SGS Sistēmas)
Latvian Competition Council (Riga)
Latvia 124 contributions 24640 visits
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)
Latvia 124 contributions 24640 visits
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 (...)

The Belgian Competition Authority fines several companies for bid-rigging (Siemens)
Belgian Competition Authority (Brussels)
Belgium 122 contributions 24507 visits
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)
Sweden 1 contribution 226 visits
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)
Greece 62 contributions 2515 visits
,
Zepos & Yannopoulos (Athens)
Greece 28 contributions 1015 visits
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 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)
India 263 contributions 43246 visits
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, (...)

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)
India 263 contributions 43246 visits
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 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)
Slovenia 4 contributions 191 visits
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)
India 263 contributions 43246 visits
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)
Lettonie 124 contributions 24640 visites
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 (...)

The Latvian Competition Authority fines two firms for bid-rigging in the purchase of machinery market (Rovaltra / Žagarės inžinerija)
Latvian Competition Council (Riga)
Lettonie 124 contributions 24640 visites
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 (...)

The Romanian Competition Authority fines five milk producers €1.9 million for bid-rigging (Albalact)
Romanian Competition Council (Bucharest)
Romania 160 contributions 29508 visits
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 (...)

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)
India 263 contributions 43246 visits
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)
India 263 contributions 43246 visits
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)
Pologne 19 contributions 6780 visites
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 (...)

The Hungarian Competition Authority fines providers of medical products and medical devices for bid-rigging (Chirmax)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
The GVH imposed fines for coordination of bids in tenders of hospitals* In its decision the Gazdasági Versenyhivatal (Hungarian Competition Authority) established that, in order to influence the tender notice, share the market and fix prices, B. Braun Medical Magyarország Orvostechnológiai (...)

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 - DG COMP (Brussels)
Belgium 714 contributions 220602 visits
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 (...)

The Hungarian Competition Authority initiates proceedings for a suspected cartel during a procurement procedure of health equipment aimed at saving energy (Siemens Healthcare)
Hungarian Competition Authority (Budapest)
Hungary 95 contributions 19902 visits
The GVH has initiated a proceeding for a suspected cartel* On 11 April 2016 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a competition supervision proceeding against several undertakings (Siemens Healthcare Kft., GE Hungary Ipari és Kereskedelmi Kft., (...)

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)
Germany 458 contributions 117184 visits
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 (...)

The EU Commission opens a preliminary antitrust investigation concerning possible collusion in the money transfer market (Western Union)
Simmons & Simmons (London)
United Kingdom 19 contributions 4881 visits
,
Agoda (Bangkok)
Thaïlande 12 contributions 4246 visites
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)
Lettonie 124 contributions 24640 visites
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 Latvian Competition Authority fines two undertakings for bid-rigging in medical procurements (Optika un Diagnostika / Arbor Medical Korporācija)
Latvian Competition Council (Riga)
Lettonie 124 contributions 24640 visites
The CC fines Undertakings for Bid Rigging in Medical Procurements* On 10 December, The Competition Council (CC) of Latvia fined two undertakings – SIA Optika un Diagnostika and SIA Arbor Medical Korporācija – for coordinating tenders in a total of six different procurements of medical (...)

The Indian Competition Authority closes cartel case against general insurance public sector enterprises and their associations (TPAs / GIPSA)
Vaish Associates Advocates (New Delhi)
India 263 contributions 43246 visits
Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization* The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance (...)

The Hellenic Competition Authority signs a protocol on cooperation with the Single Public Procurement Authority
University of Portsmouth
United Kingdom 1 contribution 292 visits
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 (...)

Unilateral Practices

 The Czech Competition Authority fines a cartel of regional construction companies for bid rigging in a building revitalisation project (Aostav / Efios / Heryan / K. K.)
Czech Competition Authority (Brno)
République tchèque 49 contributions 6711 visites
THE OFFICE PUNISHED A CARTEL OF REGIONAL CONSTRUCTION COMPANIES* In its first-instance decision, the Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed fines in the aggregate amount of CZK 3,157,000 on the undertakings aostav s.r.o., EFIOS stavební (...)

The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Regione Toscana / Gara per l’affidamento del servizio di trasporto pubblico locale)
Municipality of Cagliari
168 contributions 134416 visits
The Italian Competition Authority finds abusive conducts interfering with a competitive tender procedure for the selection of providers of local public transport services in Tuscany (Gara TPL Tuscany) By an infringement decision handed down in the case Gara TPL Toscana, the Italian (...)

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)
Romania 160 contributions 29508 visits
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 (...)

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)
Inde 92 contributions 10857 visites
,
Lakshmikumaran & Sridharan (New Delhi)
Inde 92 contributions 10788 visites
,
Vahura (New Delhi)
India 59 contributions 5818 visits
…
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)
France 327 contributions 57365 visits
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 (...)

The Canadian Competition Authority fines an engineering firm $3.2 million for bid-rigging on municipal infrastructure contracts (CIMA+)
Canadian Competition Bureau (Gatineau)
Canada 84 contributions 11807 visits
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)
Albanie 4 contributions 440 visites
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 (...)

The Italian Competition Authority upholds a provisional interim order against abusive practice interfering with a competitive tender procedure (TPL Toscana)
Municipality of Cagliari
168 contributions 134416 visits
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 (...)

The Italian Competition Authority investigates whether a current gas distribution concessionaire abused its dominance by delaying bidding for the next concession (Italgas)
Italian Competition Authority (Rome)
Italy 72 contributions 19348 visits
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 (...)

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)
Croatia 120 contributions 20019 visits
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
Chine 284 contributions 226351 visites
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
Chine 284 contributions 226351 visites
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 (...)

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
Chine 284 contributions 226351 visites
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)
India 263 contributions 43246 visits
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
Australie 103 contributions 29856 visites
,
University of Melbourne
Australie 68 contributions 16441 visites
,
China Competition Bulletin (Beijing)
Chine 101 contributions 26807 visites
…
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 (...)

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)
India 263 contributions 43246 visits
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)
India 263 contributions 43246 visits
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 (...)

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
Australie 103 contributions 29856 visites
,
China Competition Bulletin (Beijing)
Chine 101 contributions 26807 visites
,
Hogan Lovells (Beijing)
Chine 81 contributions 21116 visites
…
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)
India 263 contributions 43246 visits
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 (...)

State Aid

 The England & Wales High Court affirms proportionality as the standard of review for examining substantive subsidy decisions under the new subsidy control regime (Bulb)
Blackstone Chambers (London)
United Kingdom 5 contributions 762 visits
As erstwhile State aid lawyers will know, under the UK’s new subsidy control regime, interested parties can challenge subsidy decisions in the CAT, which will apply the same principles applied by the High Court in a judicial review. But what standard of review will the CAT adopt when examining (...)

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)
Belgium 1 contribution 817 visits
,
Arendt & Medernach (Luxembourg)
Luxembourg 57 contributions 110475 visits
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 (...)

The EU Commission approves an Austrian scheme worth €2B under the Recovery and Resilience Facility to support the roll-out of broadband networks
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944253 visits
State aid: Commission approves €2 billion Austrian scheme under Recovery and Resilience Facility to support roll out of broadband networks* The European Commission has approved, under EU State aid rules, a €2 billion Austrian aid scheme made available through the Recovery and Resilience (...)

The EU Commission in two separate decisions clears Italian public support for a ferry service and closes the investigation on another ferry service that has since been put into liquidation (Laziomar) (Saremar)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944253 visits
State aid: Commission clears Italian public support for Laziomar ferry service; closes investigation concerning support to Saremar* The European Commission has concluded that the public service compensation granted since 2011 to Laziomar S.p.A. (‘Laziomar’) for the operation of ferry (...)

The EU Commission clears public support for several ferry services in Italy but finds other measures to be incompatible with State aid rules (Siremar / Società Navigazione Siciliana)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944253 visits
State aid: Commission clears public support for several ferry services in Italy; finds other measures to Siremar and SNS to be incompatible aid* The European Commission has concluded that the public service compensation granted since 2009 to Sicilia Regionale Marittima S.p.A. (‘Siremar’) and (...)

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 (Maastricht)
Belgium 357 contributions 67157 visits
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 (Maastricht)
Belgium 357 contributions 67157 visits
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 decides that a State guarantee can bridge the funding gap of an infrastructure project in the energy sector (ETYFA)
Maastricht University (Maastricht)
Belgium 357 contributions 67157 visits
State Guarantee to an Energy Project* A state guarantee can bridge the funding gap of an infrastructure project. Introduction State aid rules allow energy infrastructure projects to be supported by as much aid as is necessary to bridge their “funding gap”; i.e. the difference between the (...)

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)
Belgium 1368 contributions 2944253 visits
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 General Court reaffirms the Commission’s decision declaring illegal the aid from Italy to several airlines serving Sardinia (Volotea / Germanwings / EasyJet)
General Court of the European Union (Luxembourg)
Luxembourg 64 contributions 32646 visits
The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia* The operators of the Sardinian airports were not the beneficiaries of the aid but merely intermediaries between the Autonomous Region and the (...)

The Ukrainian Supreme Court upholds the decision of the Competition Authority and rules that in State aid cases the Authority does not have to analyze the effect of aid on trade within the EU (Vinnytsya Transport Company)
Baker McKenzie (Kyiv)
Ukraine 1 contribution 63 visits
,
Redcliffe Partners (Kyiv)
Ukraine 9 contributions 9586 visits
The Ukrainian Supreme Court concludes that in state aid cases the Antimonopoly Committee of Ukraine does not have to analyse the effect of aid on trade between Ukraine and the EU* On 31 March 2020, the Ukrainian Supreme Court (the “Supreme Court“) upheld the first decision of the (...)

The EU Commission opens an in-depth investigation into public service delegation contracts for maritime services which potentially constitute State aid in Corsica (Corsica Linea)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944368 visits
State aid: Commission launches in-depth investigation into public service delegation contracts for maritime services to Corsica* The European Commission has launched an in-depth investigation to determine whether the public service delegation contracts for maritime services to Corsica (...)

The EU Commission decides that the scheme used for the construction of a sustainable irrigation system does not constitute State aid (Bavaria)
Maastricht University (Maastricht)
Belgium 357 contributions 67153 visits
Public Funding of Infrastructure without State Aid* Introduction Public funding of infrastructure does not constitute State aid if access to the infrastructure is free for all users on non-discriminatory terms. If, by contrast, access to the infrastructure is restricted or it is designed (...)

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
United Kingdom 92 contributions 25753 visits
In its Judgment of 7 November 2019 in Aanbestedingskalender and Others v Commission, C-687/17 P, EU:C:2019:932 (the ‘TenderNed’ case), the Court of Justice of the European Union (CJEU) rejected the appeal against the earlier Judgment of the General Court (GC) of 28 September 2017 (T-138/15, (...)

The EU Court of Justice provides further guidance on how economic activities linked to non-economic functions must be treated in a State aid context (Aanbestedingskalender)
Maastricht University (Maastricht)
Belgium 357 contributions 67153 visits
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 Commission concludes that State aid in the Italian postal service market is compatible with Article 106 TFEU (Poste Italiane)
Maastricht University (Maastricht)
Belgium 357 contributions 67153 visits
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 decides that bus transportation provided by public authorities constitutes economic activity (Helsingin Bussiliikenne)
Maastricht University (Maastricht)
Belgium 357 contributions 67153 visits
Helsinki Busses, Loans, Article 93 and Indemnification* Bus transportation provided by public authorities constitutes economic activity. Loans given by a public authority to its transport unit have to be priced at market rates. The market value of public assets sold to third parties has to (...)

The EU Court of Justice preliminarily determines that a Lithuanian aid scheme for the provision of public interest services in the electricity sector breaches State aid rules (Achema / Orlen Lietuva / Lifosa / VKEKK)
European Commission - DG ENERGY (Luxembourg)
15 contributions 7379 visits
The judgment of the Court of 15 May 2019 in case C-706/17, delivered upon a request for a preliminary ruling from the Supreme Administrative Court of Lithuania (“Achema”), replicates the analysis which was previously established in Association Vent de Colère!. The judgment in Achema thus (...)

The EU General Court confirms the compatibility of Polish State aid granted to its postal operator (Inpost Paczkomaty)
Arendt & Medernach (Luxembourg)
Luxembourg 57 contributions 110477 visits
The source of this dispute is a Commission decision not to raise objections to the measure notified by Polish authorities concerning the aid granted to Poczta Polska ("PP") in the form of compensation for the net cost of fulfilling its universal postal service obligations for the period (...)

The EU Commission authorizes Greece under State aid rules to extend by 20 years concession for the operation of a national airport (Athens International Airport)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944368 visits
State aid: Commission finds no aid in €1.1 billion extension of Athens International Airport concession* The European Commission has authorised Greece, under EU State aid rules, to extend by 20 years the concession granted to AIA to operate Athens International Airport. The fee AIA will pay (...)

The EU Commission confirms public funding for five ferry connections between Croatian islands and the mainland in line with EU State aid rules
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944368 visits
State aid: Commission approves public funding for five ferry connections between Croatian islands and mainland* The European Commission has found Croatian plans to grant HRK 250 million (€34 million) to ensure regular ferry connections on five routes between Croatian islands and the mainland (...)

The EU Commission approves under EU State aid rules a Croatian plan to prolong the Istrian Y motorway (Bina-Istra)
European Commission - DG COMP (Brussels)
Belgium 1368 contributions 2944368 visits
State aid: Commission approves €165 million of investments by Croatia for the extension of the Istrian Y motorway* The European Commission has approved under EU State aid rules a Croatian plan to prolong the Istrian Y motorway concession agreement between Croatia and the company Bina-Istra. (...)

The EU Commission approves the State aid granted to the incumbent postal operator in Denmark to meet the costs of its universal service obligations (Post Danmark)
Maastricht University (Maastricht)
Belgium 357 contributions 67153 visits
Public Service Compensation Compensation for the provision of public services may not exceed the avoidable cost minus any forgone revenue from not having to provide those services. The VAT exemption for postal services is not State aid because it is laid down in the EU VAT directive and (...)

The EU Court of Justice provides guidance on public service obligations assignment (Cellnex Telecom)
Maastricht University (Maastricht)
Belgium 357 contributions 67153 visits
The Extent of the Discretion of Member States to Define Services of General Economic Interest (SGEI) A service is classified as an SGEI not only when it is important for citizens but also when the market does not adequately supply it and one or more undertakings are compelled to provide it (...)