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ARTICLE · 25 SEPTEMBER 2009

National Competition Law Report – Q3 – 2009

Tavernier Tschanz
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On 6 July 2009, the Competition Commission (FCC) fined eight undertakings CHF 1.24 million for collusive tendering in relation to private and public tenders for electrical equipment in construction projects.

SwitzerlandAntitrust/Competition Law
Silvio Venturi
Silvio Venturi
Pascal Favre
Pascal Favre

Investigations

FCC imposes fines for collusive tendering in electrical equipment sector

On 6 July 2009, the Competition Commission (FCC) fined eight undertakings CHF 1.24 million for collusive tendering in relation to private and public tenders for electrical equipment in construction projects.

On 31 January 2008, the FCC launched an enquiry into suspected anti-competitive practices in the electrical equipment industry of the region of Bern by dawn raiding the offices of the principal market participants. Following a complaint, the FCC had indeed detected signs of market sharing in the way tenders (including tender prices) for electrical equipment in private and public construction projects were submitted, as well as a sort of rotation of awards for electrical equipment works. The FCC concluded that the undertakings concerned had participated in hard-core restrictions and, thus, that they were liable to a fine. The FCC fixed the fines in reference to the type,

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