A surprise on-site inspection announced that it was carried out by Competition Commission, in the context of an ex-officio investigation into possible horizontal collusion in the falsification of public tenders (bid rigging). The specific audit concerned urban wastewater management projects (collection, transport and disposal projects) in Crete.

The committee notes that the conduct of such audits is carried out in companies from which evidence of anti-competitive practices in the investigated markets can be collected and does not prejudge that the companies have engaged in anti-competitive behavior nor does it prejudge the outcome of the investigation.

Legal framework

The commission notes in a statement that, as the guardian of the orderly functioning of the free market, it is charged with the application of competition rules.

That is, it carries out checks for the following:

  • for collusions between undertakings (agreements, decisions of associations or concerted practices) which have as their object or effect the restriction of competition.
  • prohibitions on unilateral practices that constitute solicitation of prohibited collusion and announcement of future pricing intentions for products and services to competitors.
  • Prohibitions on abusive conduct by undertakings with a dominant market position.

The committee points out that, within the scope of its powers, it will intervene as an immediate priority where deemed necessary and will examine every relevant case that comes to its attention, by submitting a complaint, request for leniency or anonymous relevant information through the secure digital environment (whistleblowing ) or otherwise, and will impose severe administrative sanctions on companies that may engage in anti-competitive practices.

Leniency program

Finally, he reminds that businesses can take advantage of the “leniency program”. Joining the EA leniency program has significant advantages for businesses, business associations and natural persons involved in such agreements, as it achieves:

  • Total or partial exemption from administrative fines or their reduction,
  • Elimination of the penalty or a reduced penalty for the guilty natural persons,
  • Complete exemption of the business from any kind of administrative sanctions, and
  • Non-exclusion of businesses from public tenders or concession contracts.

For the requirements and procedure for joining the EA leniency program, see HERE.

For EA’s anonymous information system, information at web page