[Document] 5e édition de la Newsletter de la Competition Commission

Dix-neuf pages pour la version électronique de la lettre du mois de mai 2023 qui a pour dossier « Bid Rigging in Public Procurement » sur trois page.

Dans le premier chapitre, il est écrit :

Governments around the world spend hefty amounts of money for the procurement of goods and services through bidding. Thus, under public procurement rules, the lowest bid from the most responsive bidder is selected for the award of the procurement contract. However, there also exists the practice – rather the malpractice – called ‘bid rigging’ whereby businesses which are expected to compete independently, instead, agree amongst themselves to collude over their responses to tender invitations. Such practices are prohibited under Section 42 of the Competition Act of 2007. And the fight against bid rigging has always been treated as a top priority of the Competition Commission.

Bid rotation where conspiring firms continue to bid, but they agree to take turns to be the lowest qualifying bidder in order to win the contracts so that all the firms involved in the conspiracy can benefit. Thus, at some point or the other, all the businesses become winners.

Market allocation where businesses divide the market amongst them, instead of bidding to win on merit. For instance, Business A would not bid to a designated group of customers or region allocated to Business B, and vice-versa.