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04 December 2008 / Rachel Bickler
Issue: 7348 / Categories: Features , Competition , Commercial
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Unlawful bidding

Rachel Bickler considers the destructive impact of collusive bidding practices

The Office of Fair Trading (OFT) issued a Statement of Objections (SO) to 112 firms in the construction sector earlier this year. An SO is a formal statement setting out the OFT’s allegations of anti-competitive behaviour—in this case that the companies concerned have been engaged in colluding over tendering. The main allegation is that the firms have beeninvolved in “cover pricing”, ie where one or more bidder colludes during a tender procedure to deliberately off er a price that is too high to win the tender, whether to ensure that another bidder wins or to avoid being omitted from further tenders if no bid were submitted.

The OFT’s investigation began with a complaint in 2004 in the East Midlands but the OFT has indicated that it is currently reviewing 240 separate, potential infringements. During the course of its inquiries, the OFT raided the business premises of 57 companies to collect evidence. The OFT has indicated that 37 companies have provided information in exchange for leniency,

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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