Angela Jameson
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The Office of Fair Trading is expected to impose multimillion-pound fines on
150 construction companies after a bid-rigging investigation into local
council contracts worth £3 billion.
Evidence of wrongdoing is expected to be sent to the construction companies
this month as part of the OFT’s “statement of objections”, The
Times has learnt. The recipients will include six quoted construction
companies that have admitted involvement.
The inquiry, into 3,000 contracts in England, is the OFT’s biggest
investigation into cartel activity. Companies found guilty of uncompetitive
behaviour can be fined 10 per cent of their world turnover. For Balfour
Beatty, one of six quoted companies cooperating with the OFT, this equates
to more than £600 million. If the behaviour is deemed to be criminal,
directors could be jailed for five years.
Construction companies have been scrambling to help the OFT, which began its
investigation in 2005, in the hope that any fines may be reduced. So far 38
companies have applied for leniency, although many larger organisations are
thought to be waiting to see what evidence the watchdog has.
The focus of the OFT’s investigation is on “cover pricing”, where companies
place a high bid for work that they have no intention of winning so that
they are not left off a client’s tender list. The cover price is fixed after
consultation with another supplier.
One contractor said: “Clients, particularly in local authorities, like to see
a few names in the frame when a new project comes up. You’d chat with
another bidder, find out what it was pricing at, and go in far enough over
the top to make sure you didn’t win.”
The OFT is expected to say that it has evidence of bungs, sharing out of
contracts between companies, agreements to cover bid costs for other
contractors and payments to losing bidders. According to people familiar
with the investigation, the inquiry was halted when the number of companies
involved reached 150 because the OFT lacked the resources to consider any
further alleged illegal activity. The OFT declined to comment on the
progress of the investigation.
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