Commission files criminal charges against construction companies and directors in first criminal cartel prosecution

The Commerce Commission has filed criminal charges against two construction companies and two directors for alleged bid rigging of publicly funded construction contracts, in the country’s first-ever criminal prosecution for cartel conduct.

The charges follow a Commission investigation into allegations that the companies and their directors colluded to rig bids for infrastructure projects in Auckland.

Commerce Commission Chair, John Small, says the criminal proceedings filed in the Auckland District Court send a strong message to businesses that the Commission will not tolerate cartel conduct, and is prepared to lay criminal charges to enforce the law.

“Cartel conduct harms consumers through higher prices or reduced quality, and it harms other businesses that are trying to compete fairly. The criminalisation of cartel conduct in 2021 underlines just how serious and harmful this offending is.

“Bid rigging of publicly funded construction contracts loads extra costs onto taxpayers and the New Zealand economy as conduct of this type undermines fair competition. The Commission will not hesitate to bring criminal proceedings in appropriate cases to ensure kiwis are getting the benefits of fair prices, quality services and more choice.”

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