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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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