The CPC sanctioned 24 companies for participation in cartel within the Energy Efficiency of Multi-Family Residential Buildings National Programme

The Commission for Protection of Competition (CPC) adopted decisions imposing sanctions on companies for bid-rigging within the Energy Efficiency of Multi-Family Residential Buildings National Programme (EEMFRBNP), constituting infringement of art. 15, par. 1 of the CPC.

By Decision No. 1312/05.12.2019 the Commission found infringement of art. 15, par. 1 of the CPC and imposed sanctions on Multiplex Ingenering EOOD, VML-consult EOOD, Dimitrov I Sin EOOD, Adapt EOOD, Arhkon Project OOD, Evidence Engineering OOD, Tobo Invest EOOD, Fribul OOD, Korekt EOOD, Infram EOOD, Intkons EOOD, En Ekip OOD and Protiko il OOD.

By Decision No. 1313/05.12.2019 the Commission found infringement of art. 15, par. 1 of the CPC and imposed sanctions on VML-Consult EOOD, Arhkon Project OOD, Evidence Engineering OOD, Protiko il OOD, Konsultantska Ingenerna Grupa OOD, Kimtex-LS OOD, Express Consult EOOD, Ekspres Konsult EOOD, Solarvat EOOD, Boal OOD, Peshev EOOD, GRN Power Bulgaria OOD, Plovdivinvest AD, Stroycontrol OOD, C and B energyconsult EOOD and Energy Pro DM EOOD.

The infringements are cartels (prohibited agreement and/or concerted practice) for manipulating public tenders under the Energy Efficiency National Programs of Turgovishte and Goce Delchev municipality. The public tenders have as their object conducting audits to establish the technical characteristics and technical passports of buildings and audits on energy efficiency of buildings and prescription of the necessary energy saving measures.

In the course of the investigation the CPC found that the participants in each of the two tenders have reached an agreement to distribute the tendered lots and to coordinate the prices offered to the contracting authorities. The agreements have as their object elimination of competition at the stage of bid submission by predefining the winning bidder for each lot and thus predetermine the choice of the contracting authority.

The Commission based its conclusion on collected electronic correspondence between the participants, evidence provided by the public authorities and the bidders themselves.

For the first time in the antitrust enforcement of the CPC, cartel participants have benefitted from the Leniency Programme by submitting immunity/reduction of fines applications along with evidence that the Commission used to prove the infringements. As a result from this cooperation, the Commission granted full immunity from fine to one company and reduction of fines to two other companies.

The total amount of fines is BGN 398 174 whereas BGN 147 761 is the total amount of fines imposed on the participants of the public tender of Turgovishte municipality and BGN 250 413 is the total amount of fines imposed on the participants of the public tender of Goce Delchev municipality.

The Commission is yet to adopt decision regarding the Statement of objections (No. 725/20.06.2019) sent to 33 companies participating in the Energy Efficiency of Multi-Family Residential Buildings National Programme of Plovdiv municipality.

The full text of the decisions is available in the Public Electronic Registry of the CPC at: http://reg.cpc.bg/