KUALA LUMPUR: The Malaysia Competition Commission (MyCC) said it proposes to fine eight enterprises for bid rigging of three tenders worth RM473mil issued by the Public Works Department (JKR) and the Department of Drainage and Irrigation (JPS) in 2019.
MyCC is an agency under the Ministry of Domestic Trade and Cost of Living.
MyCC, in a proposed decision on made on Apr 16, 2024, found that eight enterprises had infringed section 4 of the Competition Act 2010 (CA 2010) by engaging in the acts of bid rigging in 2019 in respect of two JKR tenders and one JPS tender.
The tenders were for construction works for roads and flood mitigation systems.
The proposed decision was served on all eight enterprises on April 22, 2024. Six enterprises, namely, Dutamesra Bina Sdn. Bhd., IDX Multi Resources Sdn. Bhd., Mangkubumi Sdn. Bhd., Menang Idaman Sdn. Bhd., Meranti Budiman Sdn. Bhd. and Pintas Utama Sdn. Bhd. are implicated in all three tenders.
One enterprise, NYL Corporation Sdn. Bhd. is implicated in both JKR tenders. Another enterprise, Kiara Kilat Sdn. Bhd. is implicated in one of the two JKR tenders.
In a statement issued by MyCC today, its chairman Datuk Seri Mohd Hishamudin Yunus said the investigation has provisionally found that these enterprises colluded in bid rigging through information sharing and coordination.
MyCC said its findings are provisional and it should not be assumed that any enterprise has conclusively infringed the Competition Act 2010 at this stage.
As required by the Act, the enterprises concerned have also been notified of the proposed penalties.
These enterprises are accorded the opportunity to submit their respective written representations within 30 days after receiving the proposed decision.
Thereafter, the enterprises have the additional opportunity to make their respective oral representations before the Commission at a later date to be determined. MyCC will only issue its final decision after considering representations made by the enterprises as against evidence gathered from the investigation.