The Office of Fair Trading (OFT) wants construction firms involved in price-fixing cartels to “shop their mates” in return for reductions in fines of up to 100%.
Under the OFTs leniency policy, total immunity to financial penalty is available to the first member of the cartel to offer relevant information to the OFT before it starts investigating.
One roofing contractor, Briggs Roofing & Cladding, of Smethwick, West Midlands, had fines of over £780,000 waived last month for helping the OFT on a landmark investigation into collusive bidding in the flat roof market (see ‘News & Views’, page 10-11). Briggs’ cooperation has been key to the OFT’s investigations, leading to 19 roofing companies being fined more than £1m in total since March 2004.
The OFT has a sliding scale, starting at 50% reductions in fines, for other companies willing to inform but who missed the chance to be first.
The OFT also has a “Leniency Plus” bracket, into which it slots companies who volunteer information in a sector unconnected to the current investigation. Scottish company Pirie was able to take advantage of this particular scheme, and had its designated fines cut by more than half, to £52,000 down from £115,000.
Simon Williams, the OFT’s director of cartel investigations, recognises that turning informant may be an unpleasant course of action for a company to contemplate, but he warns the alternative could be even more chilling.
“We realise it may be a big step to come forward and clean out your skeletons. Nobody likes confessing... But although these other companies may be people you have a drink in the pub with, if you don’t come in first, they might,” he said.
Source
Construction Manager
No comments yet