The Competition Commission, in its meeting on 26.10.2023, considered the report of the preliminary investigation in the public procurement market against the undertakings Raimondo G.P SHPK and Li.Bo – Albania Branch SHPK.
During the evaluation of the behavior of the undertakings it was noticed that these undertakings can use the covered offer scheme by agreeing that one of the competitors will present an offer which contains specific terms which are unacceptable to the contracting authority.
In conclusion, based on Article 4, point 1, of Law no. 9121, dated 28.07.2003, “On the competition protection”, according to which all agreements are prohibited, which have as an object, or as a consequence, the obstruction, limitation or distortion of competition in the market, as well as the Guideline “On combating prohibited agreements in public procurement offers”, the conduct of the undetakings: Raimondo G.P LLC and Li.Bo – Albania Branch LLC, in the procurement market with the object “Purchase of instruments, electrical and digital tools (devices for checking and measuring cathodic protection CIPS and DCVG )”, developed by the contracting authority, Albanian Gas Services Company SHA, casts doubt on possible restrictions of competition through a dubious agreement in offers between them.
For these reasons, the Competition Commission by Decision no. 1026, dated 26.10.2023, decided to open the in-depth investigation procedure in the public procurement market against the undertakings Raimondo G.P LLC and Li.Bo – Albania Branch LLC. The in-depth investigation will cover the time period from 26 September 2022 to 26 October 2023.
Also, the Competition Commission, considered 2 concentration notifications.
- The concentration obtained through the acquisition of control of the Target Business of the company Artemis OOD from the company Smurfit Kappa Bulgaria EOOD.
- The concentration obtained through the acquisition of control of the company ABO Wind WP Flechtdorf GmbH & Co. KG from SK Wind GmbH & Co. KG.
The notified concentrations do not create overlaps or upstream or downstream relations between the activities of the parties at the national level and for these reasons, will not bring any changes and will not have an impact on the Albanian market.
For these reasons, the Competition Commission by Decision no. 1027, dated 26.10.2023, decided to authorize the concentration obtained through the acquisition of control of the Target Business of the company Artemis OOD from the company Smurfit Kappa Bulgaria EOOD and by Decision no. 1028, dated 26.10.2023, decided to authorize the concentration obtained through the acquisition of control of the company ABO Wind WP Flechtdorf GmbH & Co. KG from SK Wind GmbH & Co. KG.
Furthermore, please consult the official page of the Competition Authority at http://caa.gov.al