similar way; (d) directly or indirectly results in bid rigging or collusive bidding, shall be presumed to have an appreciable adverse effect on competition: Provided
factors, the CCI came to the conclusion
that it did suggest collusive bidding. Thereafter, the CCI analyzed these
bids for each States and found that ... collusive conduct. In other words, the very
nature of the industry cannot be used as a factor to presume collusion
because collusion itself requires
tendering/bidding (i.e. bidding at same price – as in the
present case).
(b) Cover bidding/courtesy bidding.
(c) Bid rotation.
(d) Bid Allocation ... collusive bidding and bid rigging are treated as one
and the same]
(c) OECD Guidelines for fighting bid rigging
“Bid rigging (or collusive tendering) occurs
floated another e-tender dated 24.01.2013 under the two
bid system (unpriced and priced bids) for supply of 40 lakh 14.2 kg
LPG cylinders fitted ... Information, it is alleged that the vendors were involved in
collusive bidding in contravention of section 3(3) of the Act. It is
contended that
indulged in bid rigging and
collusive bidding in contravention of the provisions of Section 3(3) of the
Act. The Commission also observed that other ... investigation: (a) Whether there is cartelisation and bid rigging/collusive
bidding in Tender No. 1/2015-16 dated 07.11.2015 floated by the Pune Zilla
Parishad
allegation of bid rigging/collusive bidding has to
have a nexus with the essential ingredients of
bid rigging/collusive bidding. In other words,
there ought ... ingredients of bid-rigging and
no inference could have been drawn of bid-
rigging purely based on lowest bids since that
would amount to pure
practices which
directly or indirectly resulted in bid rigging or collusive bidding in contravention
of the provisions of Section ... bid rigging even includes an
agreement that has the effect of reducing competition for bids or adversely
affecting or manipulating the process of bidding. Therefore
prima facie view that the
case involved bid rigging and/ or collusive bidding in violation of Section 3(3)
read with Section ... examined allegations of cartelisation and bid-
rigging and/ or collusive bidding
entered into an agreement resulting in
collusive bidding in the tender for procurement of Underpant Woollen, thereby
violating the provisions of Section ... timing of bid submission cannot be considered a
ground for bid rigging because during submission of the bid, a potential bidder is
required to file
regions of Jhansi, Saharanpur and Meerut as a result
of such collusive bidding. It was alleged in the complaint that the entities
referred above, rigged ... state of Uttar Pradesh
by indulging in cover bidding, bid rotation and collusive bidding.
6. The commission considered the complaint and obtained documents like
audit