The Council of the Antimonopoly Office upheld the substance of the 1st instance decision on a cartel agreement of construction companies in public procurements

26.02.2015
The Council of the Office of the Slovak Republic (“the Council of the Office”) examined the decision of the Antimonopoly Office of the Slovak Republic dated on 28. 06. 2014, by which it imposed fines on four construction companies for concluding cartel agreement in public procurement and it upheld the illegal conduct of these companies.
 
Public procurement that was subject to collusion, referred to reconstruction of facility for seniors Juraj Schopper in Roznava in the total amount more than EUR 2 million. According to the decision of Council of the Office the undertakings coordinated their behaviour aimed at harmonization of price offers and participation in public procurements on this facility. Coordination has been proved mainly by the indirect evidence, namely by fixing prices, identical irregularities, imperfections in price offers, existence of incorrect calculations and information provided within the leniency programme. The project was financed by the European Regional Development Fund, the state budget and the Environmental Fund.
 
One of the parties applied for the leniency and provided further evidence of the infringement, on basis of which his fine has been reduced by 40% and he gained immunity from the ban on participation in public procurements. Two parties to the proceeding applied for settlement and their fines have been reduced by 30%. By the settlement the undertakings admitted their involvement in cartel agreement and took the liability for their actions.
 
Detailed conditions for using leniency programme according to which the party to cartel agreement may benefit from non-imposing or reducing a fine up to 50% are summarized in the document “Leniency program”.
 
Imposed fines:
J.P.–STAV spol. s r.o.:  158 783 EUR
Ing. Vladimír Maduda PLYSPO: 39 539,60 EUR
Vertikal – SOLID, s. r. o.: 43 657 EUR
GMT projekt, spol. s r.o.: 148 981,70 EUR
 
The decision of the Council of the Office is final and cannot be appealed.
 
Last update:26.02.2015