Heavy fines for road construction cartel
The Federal Cartel Office imposed fines totaling 60,3 million euros on six companies for cartel agreements in road repair contracts.
The German Federal Cartel Office has imposed fines totaling approximately €60,3 million on six companies . The firms offer road repairs using thin asphalt overlays in cold construction (DSK) and had colluded on prices and bids.
Agreements regarding contract awards and prices
The companies involved were AS Asphaltstraßensanierung GmbH (Langwedel), Bitunova GmbH (Cologne), Kutter Spezialstraßenbau GmbH & Co. KG (Hanau), Possehl Construction GmbH (Sprendlingen), Liesen alles für den Bau GmbH (Lingen), and several subsidiaries belonging to the same company. VSI Sanierungs- und Baugesellschaft mbH was merged into Possehl during the proceedings; the fines were levied against the legal successor.
For years, companies colluded to secure public sector contracts for one another . Whoever won over a client for the DSK construction method initially received all future contracts using this technology from that client. If a company deviated from this agreement or needed additional contracts, joint ventures were formed, or exceptions to this rule were made in individual cases.
The companies communicated regularly – including in person and by phone – and often agreed on prices using coded language. Prices were disguised as measurements per meter or kilometer, the price of sausage or beer, sponsorship amounts, the number of participants, or the price of a hotel room or for events (football, carnival). In some cases, price quotes were disguised as requests for subcontractor services.
Market sharing and nationwide consequences
From 2010 onwards, Kutter, Bitunova, Possehl, and OAT were primarily responsible for dividing up DSK customers and contracts among themselves across Germany. VSI, Liesen, and AS later joined the cartel. They coordinated their actions, particularly regarding tenders from public and, to some extent, private clients. The violations affect numerous projects throughout Germany, including those for airports, ports, and vehicle test tracks, encompassing both large and small DSK projects.
The agreements ended in September 2019. The proceedings were based on a series of searches conducted jointly with the Düsseldorf public prosecutor's office and the North Rhine-Westphalia state criminal police office , beginning in August 2019. The Federal Cartel Office cooperated closely with the law enforcement authorities in the proceedings.
The companies involved, Possehl/VSI, Bitunova, Kutter, and AS, cooperated as key witnesses and were thus able to reduce their fines. The proceedings were concluded by way of an amicable settlement. The penalty notices are legally binding.
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Text:
Anne Kieserling /
handwerksblatt.de
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