The Bundeskartellamt, Germany's competition authority, has levied fines amounting to €10.5 million against seven road repair companies for engaging in illegal customer and bid rigging practices. The companies involved include AS Asphaltstraßensanierung GmbH, bausion Strassenbau-Produkte GmbH, BITUNOVA GmbH, Gerhard Herbers GmbH, Liesen … alles für den Bau GmbH, Mainka GmbH Straßenunterhaltung, and MOT Müritzer Oberflächentechnik GmbH.

Andreas Mundt, President of the Bundeskartellamt, stated that these companies had been sharing public contracts for road repair and maintenance over an extended period. Prior to tenders, they agreed on which company would win the contract, often using coded language to communicate their arrangements. Such illegal agreements can lead to significant financial harm to public entities, ultimately affecting taxpayers.

From 2018 to 2019, AS, bausion, Herbers, and BITUNOVA divided various clients across the states of Saxony, Thuringia, and Saxony-Anhalt, assigning each district to one or more companies. This division was documented on a map, and they coordinated who would participate in tenders and the minimum prices for their bids.

Additionally, from 2016 to 2019, bausion, Liesen, Mainka, and MOT regularly colluded on public tenders in Brandenburg and, in some cases, Saxony-Anhalt. They maintained frequent personal and telephone contact, even meeting for breakfast to discuss their strategies. They established minimum prices for bids and assigned lots for larger tenders.

The violations involved numerous tenders and contracts from public authorities, including municipalities and state road construction authorities, covering various road repair tasks and supply contracts, typically ranging from €40,000 to €200,000.

In addition to antitrust implications, bid rigging is also punishable under Section 298 of the German Penal Code. The Bundeskartellamt conducted a search operation in August 2019 in collaboration with the Düsseldorf public prosecutor's office and the North Rhine-Westphalia State Criminal Police Office. The authority worked constructively with law enforcement throughout the investigation.

During the fine assessment, it was noted that BITUNOVA GmbH cooperated with the Bundeskartellamt under the leniency program. All proceedings were concluded through amicable settlements, and the fines have already become legally binding. A case report detailing the findings will soon be published on the Bundeskartellamt's website.