The Competition Council decided to impose fines totaling about 6 million lei on the companies SRL “GBG-MLD” and SRL “Prodomus”. They were penalized for forming a cartel to falsify bids within the procurement procedure of automatic mechanical compression systems for the National Center for Pre-hospital Emergency Medical Care (IMSP).
According to the Antimonopoly Authority, the investigation revealed that the representatives of the two companies communicated with each other regarding the procurement procedure, including the participation of SRL “Prodomus” with the products of ZOLL Medical brand, the official distributor of which in Moldova is SRL “GBG-MLD”.
According to the evidence collected, the two companies coordinated the submitted bids by exchanging confidential information of competitive importance. Following this coordination, SRL “Prodomus” submitted a formal, non-competitive bid designed to create the appearance of real competition.
In addition, SRL GBG-MLD prepared and sent SRL Prodomus the necessary documents to participate in the tender, which confirms the coordination of bids and the simulation of a competitive process.
Based on the evidence presented, the Plenum of the Competition Council found that the actions of SRL “GBG-MLD” and SRL “Prodomus” constituted a cartel, the purpose of which was to participate in the said procurement procedure using falsified bids. Such behavior eliminated real competition, suppressed the uncertainty inherent in tenders and distorted the competitive process, violating Article 5, paragraph (1), subparagraph (d) of the Competition Act No. 183/2012.
As a result, the Competition Council imposed the following fines: “GBG-MLD” – 5,813,529.49 lei; “Prodomus” – 152,517.15 lei.
The decision of the Plenum of the Competition Council may be appealed against by the sanctioned enterprises within 30 days from the date of notification to the administrative court.
