Altai OFAS Proved Bid-Rigging at Auctions for Road Repair
OREANDA-NEWS. April 12, 2013. The Commission of the Office of the Federal Antimonopoly Service in the Altai region (Altai OFAS Russia) found that “MegaStroi” Ltd., “Rubtsovsk DSU-6” State Unitary Enterprise and “Rubtsovsk Resurs” Ltd. violated the antimonopoly law by concluding an anticompetitive agreement at auctions that resulted in maintaining the original (maximum) contract price and dividing the market.
The antimonopoly body initiated a case against “MegaStroi” Ltd., “Rubtsovsk DSU-6” State Unitary Enterprise, which were bidding at auctions for carrying out works for repair road and neighbourhood areas in Rubtsovsk and against a sub-contractor - “Rubtsovsk Resurs” Ltd. on the basis of materials forwarded from Rubtsovsk Town Prosecutor’s Office.
At the agreed moment, the first agreement participant - “MegaStroi” Ltd., allowed to bid at the auction with the announced value at 6.214 million Rubles, refused to make price bids and did not take part in the bidding, which enabled the second participant – “Rubtsovsk DSU-6” State Unitary Enterprise to gain the right to repair roads with the contract price below the original price just by 0.5%.
“MegaStroi” Ltd. was pronounced the winner of the second auction with the contract price 52.267 million Rubles, which was also maximally close to the original price (52.795 million Rubles). The second participant - “Rubtsovsk DSU-6” State Unitary Enterprise refused to file price bids with more than 0.5% price difference from the original (maximum) contract price. As a result, upon receiving the contract for the works for repair neighbourhood areas, “MegaStroi” Ltd. involved the third participant of the agreement - “Rubtsovsk Resurs” Ltd. – in execution of its contract obligations.
Investigating the case, the Commission concluded that the companies violated the prohibition of anticompetitive agreements (Clauses 2 and 3 Part 1 Article 11 of the Federal Law “On Protection of Competition”). All companies were issued a determination to prevent anticompetitive agreements and were obligated to submit to Altai OFAS Russia quarterly information about the auctions and tenders, in which the companies intend to take part within a year.
Комментарии