Two tender participants – a married couple, each conducting their own business activity, unlawfully agreed upon their tender bids. Thus they affected the result of as many as 19 public procurement procedures. The couple will have to pay over PLN 250 thousand for their participation in inadmissible agreement

Every year the Office of Competition and Consumer Protection detects a few tender collusions between independent undertakings involved in other than strictly business relations, e.g. family or private ones. UOKiK does not put in question the participation of such entities in tenders, however, they have to bear in mind that individual tender participants are forbidden to agree upon their bids

Every year the Office of Competition and Consumer Protection detects a few tender collusions between independent undertakings involved in other than strictly business relations, e.g. family or private ones. UOKiK does not put in question the participation of such entities in tenders, however, they have to bear in mind that individual tender participants are forbidden to agree upon their bids.

The latest decision concerns two companies - Zebra Max and Zebra 2 – two independent entities whose owners are a married couple in legal separation, additionally each running their business activity independently. The undertakings deal with manufacturing horizontal and vertical road signs as well as their maintenance. The Office found that when participating in tenders, they agreed upon their bids in cooperation. Whenever there appreared the two most favourable offers, the tender winner resigned from entering into a contract with the service provider by failing to complete the documentation or not submitting obvious clarifications to the filed documentation. As a consequence, the second and more expensive bid of the other spouse was selected. Such practice was applied from 2007 with regard to 19 tenders held by municipal, poviat and voivodeship road managements all over the country.

For participation in competition-restricting agreement, the President of UOKiK imposed fines in total exceeding PLN 250 thousand, respectively: Zebra Max (PLN 129 193) and Zebra 2 (PLN 122 430). The decision is not final. The undertakings lodged an appeal to the Court of Competition and Consumer Protection.

It is worth noting that despite the fact that tender collusions are prohibited, the law allows for other forms of cooperation. Undertakings, including family members, may jointly apply for public procurement by establishing a consortium.

Tender organizers and participants who would like to learn more about which practices constitute an infringement of competition should refer to the brochure Tender collusions, issued by UOKiK and available at www.uokik.gov.pl. It can be obtained in paper version after placing an order at mail address: joanna.latka@uokik.gov.pl. 

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Departament of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. +48 22 827 28 92, 55 60 314, 55 60 430
faks +48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl