MyCC suggests 8 firms to be fined for bid rigging

MyCC says the companies may submit written representations within 30 days of receiving the proposed decision.

PETALING JAYA: The Malaysia Competition Commission (MyCC) has proposed that eight contractors be fined for bid rigging in 2019 with respect to two public works department (JKR) tenders and one of the drainage and irrigation department.

MyCC chairman Hishamudin Yunus said the three tenders were worth about RM473 million, for construction of roads, pavements, bridges and flood mitigation systems.

“The proposed decision was duly served on all eight enterprises on April 22,” he said in a statement.

He did not mention the quantum of the proposed fine.

Six enterprises, namely Dutamesra Bina Sdn Bhd, IDX Multi Resources Sdn Bhd, Mangkubumi Sdn Bhd, Menang Idaman Sdn Bhd, Meranti Budiman Sdn Bhd and Pintas Utama Sdn Bhd, are implicated in all three tenders.

Meanwhile, NYL Corporation Sdn Bhd is implicated in both JKR tenders while Kiara Kilat Sdn Bhd is implicated in one of the two JKR tenders.

The companies allegedly infringed Section 4 of the Competition Act 2010. Section 61 of the act states that a company may be liable to a fine of not more than RM5 million, or not more than RM10 million for a subsequent offence, if found in breach of the legislation.

“The investigation has provisionally found that these enterprises colluded in bid rigging through information sharing and coordination in the participation of the tenders.

“It is important to highlight that MyCC’s findings are provisional and it should not be assumed that any enterprise has conclusively infringed the Competition Act at this stage,” said Hishamudin.

He also said that, as required by the act, the firms concerned had been notified of the proposed penalties.

These companies have the opportunity to submit written representations to MyCC within 30 days of receiving the proposed decision, he said.

The companies also have the opportunity to make oral representations before the commission at a later date.

“MyCC will only issue its final decision after considering representations made by the enterprises as against evidence gathered from the investigation.”