The Competition Authority has sanctioned six companies active in the sector of engineering, maintenance, dismantling and nuclear waste treatment services. This organization has update agreement practices during calls for tenders placed by the Atomic Energy and Alternative Energies Commission for its site Marcoulein the Gard.
At the end of their operating period, nuclear installations are subject to dismantling operations. This activity aims particularly to evacuate all the dangerous and radioactive substances present in these installations. “In this case, the practices were notably revealed thanks to the leniency procedure,” specifies the competition authority. This procedure “allows companies that have participated in a cartel to disclose its existence to the Authority and to obtain, under certain conditions, the benefit of total or partial exemption from financial penalties”. In this case, the Onet group requested leniency for its subsidiary Onet Technologies ND (OTND) and provided information for the investigation.
A fine of 31,239,000 euros
“The companies consulted together before responding to calls for tenders and divided the contracts between them,” specifies the organization. “Each of the four awarded companies communicated with its competitors before responding to the various subsequent contracts covered by the framework agreement. The Authority noted in particular that the companies had established a distribution of the different markets between them, with precise monitoring of the allocations. To do this, the company wishing to obtain the contract provided competitors with its price breakdown table, thus allowing the latter to establish coverage offers. »
These practices were, “by their very object, anti-competitive”. The companies Nuvia Process (subsidiary of the Vinci group), Endel (former subsidiary of Engie), Bouygues Construction Expertises, Snef and Spie Nucléaire were fined for a total amount of 31,239,000 euros. The Authority granted the benefit of the leniency procedure to the Onet group. As such, it benefits from total exemption from financial sanctions.
Respect for the rules of competition
The competition authority is an independent body whose mission is to enforce the rules of competition. It includes seventeen members, members or former members of the Council of State, the Court of Cassation, the Court of Auditors or other administrative or judicial jurisdictions, or chosen because of their skills in economic matters. It can prevent, control and, where appropriate, sanction anti-competitive behavior.