Price fixing, output restriction, market allocation and bid rigging are high-risk horizontal conduct. Evidence can be direct or inferred from conduct and m
Finin2min summary
Price fixing, output restriction, market allocation and bid rigging are high-risk horizontal conduct. Evidence can be direct or inferred from conduct and market facts.
Source review date: 4 July 2026. Read with the official text and the facts of the transaction.
Legal anchors
- Section 3(3)
- Sections 26, 27 and 46
- Lesser Penalty Regulations
How to analyse it
- Implement competitor-contact protocols.
- Preserve tender decision records.
- Escalate unusual bidding patterns.
- Evaluate leniency promptly where infringement may exist.
Practical illustration
Competing suppliers rotate tender wins and submit cover bids. Even without a signed agreement, communications and bidding patterns may establish concerted conduct.
What can go wrong?
- Deleting chats after inquiry notice
- Shared pricing spreadsheets
- Unexplained identical bids
Evidence pack
- Tender files
- Bid build-up
- Communication map
- Independent-pricing evidence
Decision workflow
- Freeze the facts and effective date.
- Identify the controlling Act, rule, notification, circular and jurisdictional overlay.
- Prepare a calculation or exposure note.
- Collect the evidence pack before filing, payment, signing or response.
- Record reviewer conclusion and assumptions.
Quick Q&A
Is the result automatic?
No. Implement competitor-contact protocols.
What is the most important control?
Evaluate leniency promptly where infringement may exist.
What should be escalated?
Deleting chats after inquiry notice, especially where money, deadlines, enforcement, personal liability or irreversible transaction steps are involved.
Official source trail
Secondary commentary may help interpretation, but it is not the source of law.