CNC found that there was a very elaborate cartel to share out the market between a group of companies collectively known as G5 (Senor, Arruti, Emilio Bolado and Acansa, Asfin and Ascan). It found that, at least between 2006 and 2010, there was an agreement to share out Cantabria’s asphalt market in terms of projects put out to tender by public bodies, bids for private customers and asphalt sales directly at the plant.
CNC said that it has also been possible to prove the existence in parallel of a series of other agreements that complemented the G5 agreements. These were needed to implement them and other agreements in relation to tenders submitted to public bodies that were undertaken between Senor, Arruti, Emilio Bolado and Acansa, Asfin, Ascan, Construboc, Inor, HTR, Cuevas and Siec from 1998 until at least 2011. This consisted of collusion on the presentation of bids in public tenders relating to the construction and improvement of public highways.
The nature and its duration of the cartel led to a significant distortion of competition for the exclusive benefit of the companies, giving them a competitive advantage over the rest of competitors, said CNC. “It was hugely prejudicial for the customers tendering for the works, in the main national, autonomous community and local authorities,” it said. “This had repercussions for consumers and therefore affected the public interest.”
The investigations division opened formal proceedings in June 2011 against various companies for possible anti-competitive conduct. This said to have consisted of the adoption of agreements to fix prices and share out projects and customers, both public and private. The work covered the conservation, improvement, strengthening, renewal, restoration and construction of roads and highways.
CNC’s council has now decided that there is proof that various anti-competitive agreements were reached between the companies implicated. These were said to have remained in force from 1998 until at least April 2011 and to have affected more than 900 projects in Cantabria area.
In 2011 CNC produced a guide to public procurement in which it found that collusion in public procurement led to an increase of approximately 20% in contract prices.
The council has resolved to impose the following fines:
- Acansa, €307,728, for which its parent company Emilio Bolado e Hijos, S.L. is jointly and severally liable.
- Emilio Bolado, S.L., €2,563,920, for which its parent company Emilio Bolado e Hijos, S.L. is jointly and severally liable.
- Arruti Santander, S.A., €1,459,160.
- Ascan Empresa Constructora Y De Gestión, S.A., €2,292,240, for which its parent company Grupo Empresarial Sadisa, S.L. is jointly and severally liable.
- Asfin Cantabria, S.L., €595,600.
- Servicios y Obras Del Norte, S.A., €4,399,910, for which its parent company Grupo Jespab, S.A. is jointly and severally liable.
- Cuevas Gestión De Obras, S.L., €335,030.
- Empresa Constructora De Infraestructuras Del Norte, S.L., (INOR) €86,080.
- Construboc 2002, S.L., €129,050.
- Hermanos Torres Roiz, S.L., €555,670.
- Siec Construcción y Servicios, S.A., €3,827,310, for which its parent company Grupo Siecsa, S.L. is jointly and severally liable for an amount of up to €3,516,000.
Got a story? Email news@theconstructionindex.co.uk
