The Bundeskartellamt (Federal Cartel Office) has imposed fines totaling €10.5 million on seven companies for illegal price-fixing and bid-rigging in the road repair sector.
The sanctioned firms conspired over several years to allocate public contracts, fix prices, and manipulate tenders across multiple German states, severely undermining competition in the market for road rehabilitation services.
The companies fined include AS Asphaltstraßensanierung GmbH, bausion Strassenbau-Produkte GmbH, BITUNOVA GmbH, Gerhard Herbers GmbH, Liesen GmbH, Mainka GmbH Straßenunterhaltung, and MOT Müritzer Oberflächentechnik GmbH. Their anti-competitive practices spanned from 2016 to 2019 and affected public tenders in Saxony, Saxony-Anhalt, Thuringia, Brandenburg, and Mecklenburg-Western Pomerania.
According to the Federal Cartel Office, the companies colluded by dividing up territories, agreeing in advance who would be awarded contracts, and submitting sham “protective bids” at pre-agreed minimum prices to create the illusion of competition. In some cases, these arrangements were recorded on maps and discussed in disguised formats, such as consortium requests or subcontracting inquiries. Meetings, including regular breakfast gatherings near Berlin, were used to coordinate bids.
“Over an extended period of time, the companies have been passing numerous public sector contracts for the repair and rehabilitation of roads to each other,” said Andreas Mundt, President of the Bundeskartellamt. “Only with effective competition is it possible for the public sector to procure goods and services economically and cost-effectively. Illegal agreements can cause significant damage to public contracting authorities, which ultimately all citizens must bear.”
The collusion affected a broad range of public contracts, primarily involving surface treatments, crack repairs, and the supply of bitumen emulsions or chippings. Contract values typically ranged from €40,000 to €200,000. These tender-rigging practices not only breached antitrust law but also constitute criminal offenses under Section 298 of the German Criminal Code.
The Federal Cartel Office carried out coordinated searches in August 2019 in cooperation with the Düsseldorf Public Prosecutor’s Office and the State Criminal Police Office of North Rhine-Westphalia. The investigation concluded with amicable settlements in all cases. BITUNOVA GmbH received leniency for its cooperation with authorities.
The fines are now legally binding. A detailed case report will soon be published on the Bundeskartellamt’s website in accordance with Section 53(5) of the German Act Against Restraints of Competition (GWB).
