Building and civil engineering projects manipulated

The study of the Weko was opened in October 2012 with house searches. It emerged that Foffa Conrad AG, Hohenegger SA and other Münstertal construction companies, which have since been dissolved, had colluded on bids from 2004 to 2012. In this way, they manipulated tenders for public and private building and civil engineering projects in the Münstertal.

More than 100 submissions agreed
Within the framework of these agreements, the above-mentioned companies exchanged views on their respective interests for building construction and civil engineering projects. If there was agreement, the company that was to be awarded the contract was determined. The other companies subsequently offered their services at higher bid prices. Until 2008, this cooperation took place in "preliminary meetings" organized by the Graubündnerischer Baumeisterverband (GBV). In the following years, the companies involved continued the cooperation without the involvement of the GBV. Between 2004 and autumn 2012, more than a hundred building and civil engineering submissions were thus manipulated and prices agreed.

In setting fines, the Weko takes into account, among other things, the type and severity of the restriction of competition, the financial circumstances and the cooperation behavior of the companies. In the present case, it waived sanctions. One company was granted full immunity from fines because it was the first to report the agreements in the Val Müstair and cooperated very well with the competition authorities. The second company also cooperated with the Weko and is also in bankruptcy. The Weko's decision can be appealed to the Federal Administrative Court.

The investigation in Münstertal is one of a total of ten investigations in the canton of Graubünden. All proceedings have their origins in the investigation that was opened on October 30, 2012 in the Lower Engadine with house searches. This was gradually extended, for example in April 2013 to the entire canton of Graubünden and other companies, and again in November 2015 to further companies. With the last extension, the large investigation was divided into ten investigations for reasons of procedural economy. Around 40 companies are affected by these proceedings.

Further decisions by the Weko in smaller investigations are expected this fall. The companies concerned have already been given the opportunity to respond to the allegations in writing. The investigations in the remaining investigations, which are not yet ready for a decision, have largely been completed. It is expected that the Secretariat's decision requests will be sent to the parties for comment before the end of the year.

Press release Weko