The Malaysia Competition Commission (‘MyCC’) issued a media release on 4 March 2019
stating that it has issued a Proposed Decision in which it proposes to impose a penalty of RM1.94 million against eight enterprises for bid-rigging, an infringement under section 4(2)(d) of the Competition Act 2010, in response to Request for Quotations (‘RFQs’) and tenders submitted to Akademi Seni Budaya dan Warisan Kebangsaan, a public higher learning institution in performing arts.
MyCC said in the media release that its investigations disclosed that the eight enterprises had colluded with each other by sharing each other’s RFQs and tender proposal information, manipulating prices and preparing documents for one another. The winner of the tender also shared its profits with the losing bidders.
According to a news report, ‘MyCC cracks down on bid-rigging practices
’ published in StarBiz
, 6 March 2019, this is the Malaysia’s first bid-rigging case in public procurement. It also reported that Encik Iskandar Ismail, MyCC’s Chief Executive Officer, said that MyCC is currently investigating two cases of bid-rigging in government tenders and three other complaints of bid-rigging in public procurement.
The Proposed Decision has yet to be uploaded to the MyCC’s website.