The Competition Council imposed fines amounting to more than MDL 5 mln on the undertakings LLC “Rapid Link” and LLC “Victiana” for participating in a bid-rigging cartel in the public procurement procedure for a portable video surveillance system organised by the General Police Inspectorate.
The competition authority’s investigation demonstrated that the two companies illegally coordinated their behaviour by predetermining the winner of the contract and submitting collusive bids in order to create only the appearance of competition. In reality, this mechanism eliminated all competitive uncertainty and resulted in the award of the contract to the company that offered the highest price.
The actions of the companies undermined the principles of fair competition and distorted the normal functioning of the market, ultimately harming every citizen through the inefficient use of public resources.
The established facts constitute an infringement of Article 5 of the Competition Law, which prohibits all agreements or concerted practices having as their object or effect the restriction or distortion of competition.
The Decision of the Plenum of the Competition Council may be appealed by the sanctioned undertakings before the administrative court within 30 days from the date of its communication.
The undertaking “Rapid Link” had previously been sanctioned in 2024 by the Competition Council for similar practices in the context of a public procurement procedure organised by the Information Technology and Cyber Security Service, receiving a fine of approximately MDL 1.5 mln. The sanctioning decision was appealed before the court, which is yet to rule on the legality of the solution applied by the Competition Council.
The Decision of the Plenum will be published on the official website of the Competition Council: www.competition.md after the removal of confidential information.
The Competition Council draws the attention of participants in public procurement to the risks associated with coordinating actions in the preparation of bids, the exchange of information, and the involvement of the same individuals in the bidding process. Such practices may infringe the Competition Law No. 183/2012 and may lead to the sanctioning of undertakings, in accordance with the legal provisions prohibiting agreements and concerted practices that restrict competition on the market of the Republic of Moldova.