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Competition Law

Analysis - debate - current awareness

11 OCT 2016

CA98/02/2009 Bid Rigging in the Construction Industry in England (Case CE/4327-04)

The OFT Decision made on 21 September 2009, finding infringements of the Chapter I Prohibition of the Competition Act 1998 in relation to bid rigging in the construction industry in England marks, it is to be hoped, the conclusion of a painful saga in the history of the OFT's enforcement of the Competition Act. The Decision and its annexes are, in total, over 1920 pages in length. Some 244 infringements involving 103 parties are set out in the Decision (some 170 plus parties are listed as being involved in the table of contents, but some of these were linked and formed part of the same undertaking). This complex case involved a number of leniency applications, and the OFT made a ‘fast-track offer' of settlement to involved ‘non­leniency' parties, the terms of which are discussed at p 260 of the Decision, which was supplemented by a further ‘supplementary' fast track offer to parents of non-leniency parties. In Fish Holdings Ltd v Office of Fair Trading [2009] CAT 34, [2010] CompAR 169 the CAT rejected an application to extend the time limit for an appeal to be lodged against the Decision by one of its addressees.

See the link below for the full text judgment, this has been split into two for ease of download.

Bid Rigging Decision pt1.pdf

Bid Rigging Decision pt2.pdf

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