First round 2002-2003
The first round of dealing with the 'Construction Case' involved six major cases of suspected anti-competitive behaviour in the Civil Engineering and Infrastructure sector [GWW] (involving 22 companies; fines exceeding EUR 100 million).
Tip-offs and complaints received by the NMa pointed towards hidden parallel administrations (so-called 'black' or 'secret' accounts) set up by construction companies. These accounts brought to light structural infringements of the Competition Act.
Prior to tendering for contract, for instance, companies would meet with a view to sharing the market and coordinating their bids. The anti-competitive behaviour mostly related to infrastructural works commissioned by public authorities in the period 1998-2002.
In search of evidence, the NMa undertook a series of dawn raids on company premises and implemented pioneering research methods, focusing on forensic IT. While sanctions procedures were still being finalised in the course of 2003, the NMa commenced investigations into new cartel offences. A second round of cartel cases soon followed, implicating various sectors within the Construction Industry.
introduction page
