On November 22, 2011, the Competition Bureau announced that criminal charges had been laid
against six companies and five individuals accused of rigging bids
for municipal and provincial sewer services contracts in the
greater Montreal area. Bid-rigging, in which two or more bidders
agree among themselves on whether or how to submit bids, without
informing the person calling for the bids, is a criminal offence
under section 47 of the Competition Act.
The Crown alleges that the accused
companies and individuals conspired to pre-determine the winners of
37 municipal and provincial calls for tender in 2008 and 2009
related to the cleaning and maintenance of sewers, with a total
value of C$3.3 million. The bidders who were not pre-determined to
win allegedly submitted inflated, token bids in order to mislead
tendering authorities into believing that the processes were
competitive. Because the alleged conduct took place prior to the
2009 amendments to the >Competition Act which increased
the maximum penalties available under section 47, the accused face
maximum penalties of up to five years in prison and/or a fine in
the discretion of the court.
The Bureau also noted that its
investigation benefitted from cooperation under its immunity and
leniency programs, which provide incentives for parties involved in
criminal conduct to self-report the conduct to the Bureau.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
As indicated in our March 2017 bulletin, the Government of Canada previously announced its intention to accelerate by two years the previously scheduled increase to the "enterprise value" threshold under the Investment Canada Act
The Commissioner of Competition filed a Notice of Application against the Hudson's Bay Company in late February alleging that HBC engaged in deceptive marketing practices relating to its sale of sleep sets ...
In November 2016, the Canadian government announced that it will significantly raise the financial threshold above which foreign investments into Canada are subject to a pre-closing "net benefit" review under the Investment Canada Act (ICA).
The HR Guidelines focus attention on an area that is not typically regarded as an antitrust "hot spot" but has been the subject of several high-profile proceedings in recent years in the United States.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).