On behalf of the team

On 9 Juni 2022, the Bundeskartellamt imposed approximately of 12.5 million euros of fines in total, on Dilliger Hütte (Aktien-Gesellschaft der Dillinger Hüttenwerke) and Hochtief Solutions (Hochtief Solutions AG) for concluding restrictive agreements within the context of award procedures. It is the first time the authority uncovered illegal agreements in which both the contracting party and the bidders participated. The undertakings were involved in both vertical and horizontal bid rigging. The vertical agreement was implemented through measures on the basis of which the representatives of Dilliger Hütte exerted influence over the award procedure. Contracts were thereby either awarded to a Saarland-based industrial construction company or alternatively to Hochtief. In addition to this vertical bid rigging agreement, the representatives of the Saarland-based industrial construction company and of its competitor Hochtief exchanged information about Hochtief’s pricing behavior, which enabled the Saarland-based company to adjust its bids, depending on whether it wished to obtain the contract. The fine imposed on Dillinger Hutte is final. Hochtief, however, has appealed the order imposing the fine and the Bundeskartellamt’s findings on which the decision is based. [1]

[1] ‘Bundeskartellamt/ industrial construction, Fines imposed for concluding agreements in the industrial construction sector’, 9-06-2022, website Bunderkartellamt.