THREE CONTRACTORS FACE POSSIBLE PENALTY FOR BID RIGGING CARTEL

KUALA LUMPUR, 10 SEPTEMBER - The Malaysia Competition Commission (MyCC), an agency under the Ministry of Domestic Trade and Cost of Living (KPDN) has issued a Proposed Decision against three enterprises for infringing Section 4 of the Competition Act 2010 (the Act) for their involvement in bid rigging in six tenders issued by Perbadanan Putrajaya (PPJ) for maintenance works. These tenders, valued at approximately RM45 million, include two from 2018, three from 2019 and one from 2021.

The three enterprises involved are Abadi Malaysia Sdn Bhd, Kota Lanskap Sdn Bhd and Usia Maintenance Sdn Bhd. The investigation has provisionally found that these enterprises had performed acts of bid rigging through agreements and concerted practices by fixing their bidding prices, exchanging bid information and coordinating the preparation and submission of their bids.

It is important to highlight that at this stage, the Proposed Decision is a provisional finding and it should not be assumed that these enterprises have infringed the Act.

As required by the Act, the enterprises named in the Proposed Decision have been notified of the proposed penalties. These enterprises are given the opportunity to submit their written representations to MyCC within 30 days of receiving the Proposed Decision. The enterprises will also have an opportunity to present their oral representations before the Commission on a date to be determined later. MyCC, as a quasi-judicial body, will issue its Final Decision only after taking into account the representations made by these enterprises together with the evidence obtained during the investigation.

 

Dato’ Seri Mohd Hishamudin Yunus
Chairman
Malaysia Competition Commission (MyCC)