Skip to main content
Aktualita

CARTELS: AMO SR imposed fines totalling almost EUR 33 000 for a cartel in public procurement for construction works in energy sector

Published:
Content

For the unlawful conduct of undertakings, AMO SR imposed fines and prohibited participation in public procurements.

náradie s boxom na rekonštruovanie
náradie s boxom na rekonštruovanie
On 22 December 2021 the Antimonopoly Office of the Slovak Republic, the Division of Cartels, (hereafter “the Office“) issued a decision, by which it imposed fines in the total amount of EUR 32 956 on two undertakings for concluding a cartel agreement, which constitutes the infringement of provision of Article 4 Paragraph 1 in connection with the provision of Article 4 Paragraph 4 Letter a), c) and f) of the Act on Protection of Competition.
 
In the given case, in 2020 the Office received a complaint from the Government Audit Office for the suspicion of infringement of the Act on Protection of Competition in a public procurement announced by the municipality Čavoj.

Based on the complaint, the Office initiated an investigation into the anticompetitive conduct of undertakings BECO, spol. s r. o., Žilina (hereafter "BECO"), WR system, s.r.o., Prievidza (hereafter "WR system") and STAVOR, spol. s r. o., Zákamenné (hereafter "STAVOR") grounded in the coordination of their conduct during submitting bids in the public procurement, which related to the contract of carrying out construction works in energy sector. The value of winning bid from a particular participant exceeded EUR 132 000 (excluding VAT).  

Following the analysis of facts arising from the complaint and competition documentation, on 24 February 2021 the Office, based on its own initiation, initiated an administrative proceeding against the above stated participants to the public procurement in question in the matter of possible agreement restricting competition. The Office informed about the initiation of administrative proceeding in the matter concerned through its press release available at the following link: CARTELS: AMO SR initiated an administrative proceeding for a possible cartel agreement in the public procurement of construction works in energy sector.

The Office imposed a fine in the amount of EUR 13 121 on the undertaking BECO and a fine in the amount of EUR 19 835 on the undertaking WR system. In relation to the participant to the proceeding STAVOR, pursuant to the Article 25 Paragraph 2 Letter c) of the Act of No. 187/2021 Coll. on Protection of Competition, the Office stopped the proceeding, as the reason for the proceeding was not given. In the view that the participant to the proceeding BECO asked for the application of leniency programme and simultaneously settled, the Office did not impose a ban on participation in public procurement on him pursuant to the particular provisions of the Act of No. 136/2001 Coll. on Protection of Competition and it reduced a fine, which it would otherwise impose on him for the proved infringement of the Act. A ban on participation in public procurement for a period of 3 years the Office imposed on the participant to the proceeding WR system.

The Office´s decision came into force on 15 January 2022.