The Competition Commission considered the closure of the in-depth investigation procedure in the public procurement market against the undertakings Raimondo G.P LLC and Li.Bo-Albania Branch LLC and the granting of certain obligations to these two undertakings.
The Competition Authority established that:
- The undertakings Rajmondo GP LLC and Li.Bo Albania Branch LLC have the same legal headquarters, the same e-mail address and telephone number.
Regarding this finding, during the hearing it was explained that the presence of one legal headquarter, one e-mail address and one telephone number for both undertakings resulted from contracting of the services of the undertaking Prime Advisory Albania LLC for consulting and accounting services. The undertakings have explained that Prime Advisory’s contacts have been left because the communications should be in the Albanian language and the representatives of the undertakings do not know the Albanian language. Prime Advisory Albania LLC carries out consulting and accounting services for several foreign undertakings.
- The undertakings Rajmondo GP LLC and Li.Bo Albania Branch LLC have several documents resulting in similar elements.
Regarding this finding, the undertakings explained during the hearing that the translations were realized with the help of Prime Advisory Albania, the notarizations were carried out at the undertaking’s notary where Prime Advisory refers to various procedures and documentation from third parties such as the offer insurance, extracts of the ACA, etc., that were also generated by the undertaking Prime Advisory Albania. But the documentation related to the amount offered was done independently by each undertaking.
- Information administered during the in-depth investigation procedure by the undertaking Raimondo GP LLC, which also speaks on behalf of the undertaking Li.Bo Branch LLC.
Regarding this finding, the undertaking Raimondo GP LLC explained in the hearing that it did not speak on behalf of Li.Bo Branch LLC, but only referred to it as a related enterprise in this investigative process.
Based on the findings above, due to the way Raimondo G.P LLC and Li.Bo – ALBANIA Branch LLC carry out their activities in Albania, since Li.Bo was a supplier of Raimondo G.P LLC and also because during the inspection procedure no direct evidence has been found to prove the existence of a prohibited agreement between the undertakings. The Competition Commission estimates that, despite the existence of doubts, there is not enough evidence to create the complete conviction that in the procurement market with the object “Purchase special tools and instrument equipment, electric and digital tools (devices for checking and measuring cathodic protection CIPS and DCVG)”, the undertakings Raimondo G.P SHPK and Li.Bo – ALBANIA have violated of Article 4, point 1 of Law no. 9121/2003.
For these reasons, the Competition Commission by Decision no. 1049, dated 16.01.2024, decided:
- Closing the in-depth investigation procedure in the public procurement market against the undertakings Raimondo G.P LLC and Li.Bo – Albania Branch LLC.
- Obliging the undertakings Raimondo G.P LLC and Li.Bo – Albania Branch LLC to implement the relevant changes within 90 days to carry out an activity independent of each other and specifically:
- Changing the headquarters of the exercise of the activity;
- Having e-mail addresses and phone numbers independent of each other;
- Obliging the undertakings Raimondo G.P LLC and Li.Bo – Albania Branch LLC to bid independently when they participate individually in public procurement procedures.
In addition, please consult the official website of the Competition Authority at http://caa.gov.al.