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CPC inspects construction companies for a possible cartel in tenders under the ZOP

The first company in a row that discloses its participation in the cartel and provides evidence can be exempted from a property sanction

Май 28, 2024 16:55 305

CPC inspects construction companies for a possible cartel in tenders under the ZOP  - 1

The Commission for the Protection of Competition carries out an inspection at the offices of machinery dealers and construction equipment.

The inspection is in connection with a proceeding initiated to establish a possible violation committed by "O-rent” EOOD and "Zemekop” EOOD, expressed in prohibited agreements and/or concerted practices in the manipulation of public procurement procedures within the meaning of Art. 15 of the Civil Code and Art. 101 of the TFEU.

By Decision of the CPC No. 534 of 23.05.2024, the company "Inzhconsult” was constituted as a defendant in the proceedings. Ltd. When checking the criteria under Article 3 of the Rules for prioritizing requests for initiation of proceedings under Chapter Nine and Chapter Twelve of the CPC, the CPC concluded that there are reasonable doubts about the existence of a cartel between the companies as participants in award procedures of public procurement for delivery and/or other activities related to specialized equipment.

On-site inspection actions are carried out by CPC employees, with the assistance of MIA employees, after receiving a judicial authorization from the Administrative Court – Sofia region.

During the inspection, copies of documents stored on paper will be seized, and by using specialized forensic software - digital copies of documents and correspondence, which will be analyzed in detail.

In the event that the Commission finds sufficient evidence to make allegations of a violation, the defendants will have the opportunity to exercise their right to defense through access to the collected materials and evidence, the right to present their objections and the right to be heard in the CPC, in in case they state this. After the completion of the procedural actions on the file, the CPC will issue a final decision on the proceedings.

Pursuant to Art. 101 of the CPC, the CPC can exempt from a pecuniary sanction the first enterprise that discloses its participation in the cartel and provides evidence on the basis of which the Commission can prove the violation. For the second and subsequent enterprises, the CPC may reduce the property penalty if they provide evidence that is essential to prove the violation.