In the case of a tender floated by a public sector undertaking, there were allegations that some of the parties have indulged in anti-competitive bidding in the tender. As a practising Company Secretary, how would you ch

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2016
In the case of a tender floated by a public sector undertaking, there were allegations that some of the parties have indulged in anti-competitive bidding in the tender. As a practising Company Secretary, how would you check that the company you represent has not indulged in any anti-competitive bidding?

Answer & Explanation:

Being a practicing Company Secretary, the following should be checked for ascertaining that the Company has not indulged in any anti - competitive bidding. Check that: The company has not agreed to submit identical bids. The company has not agreed as to who shall submit the lowest bid, agreements for the submission of cover bids (voluntarily inflated bids). The company has not agreed not to bid against each other. The company has not agreed on common norms to calculate prices or terms of bids. The company has not agreed to squeeze out outside bidders. The company has not agreed on designating bid winners in advance on a rotational basis, or on a geographical or customer allocation basis. The company has not agreed as to the bids which any of the parties may offer at an auction for the sale of goods or any agreement through which any party agrees to abstain from bidding for any auction for the sale of goods or any agreement through which any party agrees to abstain from bidding for any auction for the sale of goods, which eliminates or distorts competition.

Topics: Competition Law

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