The National Markets and Competition Commission (CNMC) has sanctioned four companies and six executives for awarding Defense Ministry tenders through two cartels.
On the one hand, the CNMC fined the companies Comercial Hernando Moreno Cohemo SLU (Cohemo) 1,067,944 euros; Star Defense Logistics & Engineering SL (SDLE), with 3,302,912 euros; and Grupo de Ingeniería, Reconstrucción y Recambios, JPG SA (JPG), with €1,304,220 for the distribution of tenders related to the supply, maintenance and modernization of military vehicles from January 2016 to June 2021. On the other hand, the competition sanctioned Casemo (50,000) euros (50,000) euros (50,000) euros. Framework agreement for the purchase of military containers from September 2019 to November 2021.
Competition indicates that “he agreed to initiate the said disciplinary file on 6 executives of some of these companies”: three executives from SDLE, two more from Cohemo and one executive from JPG. The sanctions are: Aurelio Estrella Rio (€52,000), Manuel Estrella Rio (€52,000), Raul Perez Guerrero (€42,000), Sergio Hernando Moreno (€52,000 and €8,000), Oscar Agudo €50,000 and Antonio €50. hundred (34,000 euros).
The CNMC considers that the “prohibition of contracting with public administration” applies to companies as stated in the Public Sector Contracts Regulation (LCSP). However, Competition has praised some of the regulatory compliance programs that sanctioned companies have submitted and has asked them to review them within six months to decide whether to maintain their ban on public sector contracts.
According to the CNMC, the companies have distributed the contracts. In particular, they implemented non-competition agreements, issued coverage offers, rejected or failed offers, and implemented a system of temporary cooperation between companies (UTE).
The anti-competitive agreements affected almost a hundred contracts with a value of 60 million euros: 13 framework contracts (AM), their corresponding 81 contracts (CBAM) and another 10 public contracts. These tenders were for maintenance of military vehicles (such as Centauro, Leopard, Pizarro, BMR, VEC and RG-31) and camping equipment.
Anti-competitive agreements of this type are prohibited by Article 1 of Law 15/2007, on the protection of competition, as explained in the CNMC statement, and constitute a very serious violation that can be sanctioned up to 10% of the companies’ turnover.
Source: El Diario