header-logo header-logo

Unlawful bidding

04 December 2008 / Rachel Bickler
Issue: 7348 / Categories: Features , Competition , Commercial
printer mail-detail

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll