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Amendment of section 4 of Principal Act
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5. Section 4 of the Principal Act is amended, in subsection (1)—
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(a) in paragraph (e), by the substitution of “subject of such contracts, or” for “subject of such contracts.”,
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(b) by the insertion of the following paragraph after paragraph (e):
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“(f) are concerned with bid-rigging.”,
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and
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(c) by the insertion of the following subsection after subsection (10):
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“(11) In this section—
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‘bid-rigging’ means the formation or continuation of an agreement or concerted practice between undertakings concerning or relating to their participation or non-participation in a relevant bidding process without informing the person requesting bids or tenders, and without prejudice to the generality of the foregoing includes the following:
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(a) an agreement whereby one or more undertakings agree not to submit a bid or tender in a relevant bidding process, or agree to withdraw a bid or tender submitted as part of such a process;
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(b) an agreement whereby one or more undertakings submit a bid or tender, as part of a relevant bidding process, on terms, or subject to conditions, arrived at in accordance with the agreement or concerted practice between such undertakings;
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(c) collusive tendering;
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‘relevant bidding process’ means a process by which bids or tenders to supply a product or service, to produce a product or to enter into a concession contract are requested.”.
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