KUALA LUMPUR, Dec 23 — The Malaysia Competition Commission (MyCC), an agency under the Ministry of Domestic Trade and Cost of Living (KPDN), has issued a proposed decision against six enterprises for their alleged involvement in a bid rigging cartel of 16 quotations and one tender issued by the Kluang Prison Department.

MyCC chairman Tan Sri Idrus Harun, in a statement, said these enterprises are provisionally found to have infringed section 4(2)(d) of the Competition Act 2010 (Act 712). 

“The affected quotations and tenders involved procurement value ranging from RM30,000 to RM3 million, bringing up to a total value of RM7.3 million.

“Through MyCC’s investigations, it was found that the enterprises had engaged in a bid rigging cartel through the exchange of information and facilitation of tender and bid submission by the same party,” he said. 

Idrus added that such agreements were aimed at significantly preventing, restricting or distorting competition in relation to public procurement at the Kluang Prison Department.

“It is important to highlight that at this stage, the Proposed Decision is a provisional finding and it should not be taken that these enterprises have conclusively infringed the Act 712.

“The enterprises named in the Proposed Decision were notified of the proposed penalties and directions today.

“They are given the opportunity to submit their written representations within 30 days upon receiving the Proposed Decision as well as present their oral representations before the Commission on a date to be determined later,” he added. 

MyCC will issue its final decision only after considering all representations from the enterprises alongside the evidence obtained during the investigation. — Bernama