The National Commission of Markets and Competition (CNMC) in Spain has imposed fines for a total of EUR203.6 million (US$207.31 million) on six of the main Spanish construction companies: Acciona Construcción, SA (EUR29.4 million ~ US$29.93 million), Dragados, SA (EUR57.1 million ~ US$58.14 million), FCC Construcción (EUR40.4 million ~ US$41.13 million), Ferrovial Construction (EUR38.5 million ~ US$39.2 million), Obrascón Huarte Lain, SA (EUR21.5 million ~ US$21.8 million) and Sacyr Construction, SA (EUR16.7 million ~ US$17 million) for having altered thousands of public tenders for building and construction over 25 years. The fine is being imposed under articles 1 of Law 15/2007.
The companies met weekly to analyze the public works tenders that had been published on various State contracting platforms and decide which tenders they were going to share among themselves. The agreements have resulted in a lower variety and quality of the technical offers presented by the companies to the contracting Administration.
This behavior has affected the competing companies, which took part in the public contracts at a competitive disadvantage compared to the 6 companies since they had to undertake a higher cost for the preparation of the technical proposals. In addition, by not having the same strategic information, the terms of fair competition among all the bidders were altered.
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