The Competition and Consumer Protection Commission (CCPC) has carried out searches of businesses active in the solar panel industry as part of an ongoing investigation into suspected breaches of competition law involving potential bid-rigging.
Authorised officers from the CCPC were supported by colleagues from An Garda Síochána’s District Detective Units and local Gardaí.
The CCPC has the power to carry out unannounced searches of business premises and private homes with a search warrant issued by the District Court. The CCPC searches for information and evidence where it has reason to suspect that companies or individuals are not compliant with competition law – searches commonly referred to as “dawn raids”.
The Government has committed to providing the CCPC with the new powers it needs to screen public procurement data for signs of potential bid-rigging, in its ‘Action Plan on Competitiveness and Productivity’. Screening involves analysing procurement and tender data to identify suspicious tenders, unusual bidding patterns or other indicators of potential collusion.
The CCPC is urging businesses and individuals who have evidence or information that may help this investigation to come forward. The CCPC offers a confidential and anonymous information sharing website for whistleblowers at https://report.whistleb.com/en-GB/ccpc
CARTEL IMMUNITY PROGRAMME
The CCPC also operates a Cartel Immunity Programme, in conjunction with the Director of Public Prosecutions (DPP) and an Administrative Leniency programme. Individuals may avoid criminal prosecution and get immunity from, or reductions in, fines if they reveal their involvement in illegal activity and fully cooperate with a CCPC investigation. Information can be shared in confidence with the cartels team by calling our Immunity and Leniency phoneline on 087 763 1378.
“Effective competition is essential to supporting a strong, resilient and growing Irish economy,” Úna Butler, Commission Member at the CCPC said. “When businesses compete fairly, it drives innovation, supports economic growth and helps ensure that businesses, public bodies and consumers get the best possible value for money.
“While searches do not imply that any breach of competition law has occurred, the CCPC remains committed to fully investigating suspected bid-rigging to protect fair competition and consumers.”
The CCPC is the statutory body responsible for the enforcement of competition law in Ireland, including investigating suspected cartel conduct such as bid-rigging, price fixing, market sharing and output restriction. Bid-rigging is a serious form of cartel conduct that occurs when businesses agree in advance how they will respond to a tender process, rather than competing independently. Such conduct may include agreeing who will win a contract, submitting cover bids, taking turns winning contracts or agreeing not to bid.
As this investigation is ongoing, the CCPC cannot provide any further comment at this time.
