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International

Government procurement and cartels

The Japanese Fair Trade Commission (JFTC) has alleged that 47 companies and eight individuals engaged in bid rigging for steel bridge construction projects ordered by the Japanese Government. Following raids on the suspected cartel members, the JFTC indicted 26 companies and eight employees for manipulating the bidding process for government steel bridge contracts in breach of the Antimonopoly Act and the Criminal Code.

The JFTC suspects that the cartel may have been operating for around 40 years, costing the government millions of yen in artificially inflated construction prices.

Government procurement provides a perfect medium for the formation of cartels because the transparency required in government contracts provides cartel members with the information required to easily allocate markets and fix prices.

In July, as part of the ACCC’s program to combat cartels, the ACCC released a Public Procurement Package to help government agencies identify and report suspicious tender practices such as bid rigging.

The package provides information about:

  • behaviour that constitutes a cartel
  • warning signs in the procurement process
  • what to do if the agency suspects a cartel
  • the penalties attached to cartel conduct.

See the Guidance and information section of this edition of ejournal for more details on Cracking Cartels—warning signs during the procurement process.

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