Romania investigates possible bid rigging within tender organized by Ministry of Internal Affairs
The investigated companies carry out their activity on the construction market, the installation services market, the communications services market and other related activities in Romania: PORR Contruct SRL, Regia Autonomă Rasirom, M&D Cons Investiţii SRL, Tema Energy SRL, Metroul SA , S&T Romania SRL, Ness Proiect Europe SRL, Dataware Consulting SRL, General Me.el Electic SRL, Structural Engineering and Technology SRL, Tancrad SRL and Rovis Lider S.R.L.
The competition authority has clues regarding a possible coordination of the commercial behaviour of the mentioned companies, aiming at direct or indirect fixing of the selling or purchase prices (or any other trading conditions) and / or sharing the construction market, the services market installations, the communications services market and other related activities thereof in Romania, in order to prevent, restrict or distort competition.
Also, the Competition Authority received a complaint from one of the bidders regarding possible anti-competitive behaviour of the companies participating in the tender organized by the Ministry of Internal Affairs.
In this context, the Competition Council carried out unannounced inspections at the headquarters of companies operating in these markets.
The unannounced inspections represent a preliminary step within the investigation procedures on a possible anti-competitive behaviour. Performing these inspections does not represent a prior decision of the Competition Council.
The unannounced inspections are authorized by the Appeal Court of Bucharest and are justified by the necessity of obtaining all information and documents to clarify the possible anticompetitive behaviour.
Should the Competition Council find infringement of the competition rules, the undertakings involved are liable to a fine of up to 10% of its turnover. Nevertheless, the undertakings that cooperates with the competition authority within the leniency program can get immunity from fines or substantial reductions of fine. ■