Kharkiv regional department of the Antimonopoly Committee of Ukraine recognised the actions of government establishment COMPANY OF OLEXIIV PENAL COLONY OF THE STATE DEPARTMENT OF PENITENTIARY SERVICE OF UKRAINE IN KHARKV OBLAST №25 (Kharkiv) and TOV COMPANIIA NOVA ERA (Zachepylivka, Kharkiv Oblast) as anticompetitive reconciled actions, while participating in competitive tenders for procurement of structural metal products and its parts and purchase of light metal containers (boxes purchase), which were held by the Department of housing service of the Kharkiv city council in July and August, 2016 correspondingly.

Kharkiv Prosecution Office reported about the violation to the Kharkiv regional department of the AMCU.

The investigation showed that the tenderers have submitted the identically processed documents, certificates for both entities were received simultaneously and by one person. Besides, the reconciled behaviour was noticed during pricing.

The department established that tender offer of TOV COMPANIIA NOVA ERA indicates “proposal cover”, e.g. an application that does not aim at winning tender and present to create the illusion of competition.

The authenticity of the competition during the auction ensures the secrecy of the information contained in the tender offer. In particular, tenderers in preparation their tender offers compete between themselves and have to form their offer independently regardless of other tenderers. Taking into account within-named, during tender the winning tenderer’s offer must contain competitive and unforeknowable to others arrangements.

Fine – 136 ths. hryvnas for each entity.

In addition to fines, both companies won’t be allowed to take part in public procurements within three years.

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