On January 8, 2014, and following a leniency application pursuant to article 75 Law 19/2012, May 8 (LdC), the Portuguese Competition Authority (AdC) opened an infringement proceeding against 5 companies Algeco - Construções Prefabricados, S.A. ('Algeco'), Elevatrans - Prefabricados, S.A. ('Elevatrans'), Vendap Group S.A. ('Vendap'), Movex - Production, Sale and Rental of Prefabricated Modules, S.A. ('Movex') and EMU - Estruturas Metálicas SA ('EMU'), for restrictive competition behaviour, in the context of public tenders launched by Parque Escolar for the supply and assembly of prefabricated monoblock (suitable for the provisional installation of classrooms for the purpose of teaching activities and support services in the schools that were part of Phases 2 and 3 of the School Park Modernization Program in mainland Portugal).
The AdC’s investigation revealed that between 2009 and 2010 those companies entered into and executed an agreement for market sharing and price level fixing with the aim of restricting and distorting competition in the market of supply and assembly of prefabricated monoblocs in the context of those public tenders. The AdC conducted dawn raids in January 2014.
In the course of the investigation, additional requests for a reduction of the fine were submitted, pursuant to article 78 of Law 19/2012, May 8 (LdC).
The case was concluded through a transaction procedure (article 22 of LdC) fixing a global fine of 831.810,72 Euros.
For the purpose of determining the amount of the fine, the AdC took into account the cooperation provided by the companies during the investigation and also the companies’ concerned turnover.
The fines imposed on the five companies were determined as follows:
• Algeco: exempted from payment of the fine under the leniency regime;
• Elevatrans: a fine of 55,000 euros, resulting from the reduction application resulting from the proposed transaction;
• Movex: a fine of 90,000 euros, resulting from the application of a reduction of the fine under the leniency regime, as well as from the application of an additional reduction of the fine resulting from the proposed transaction;
• U.E.M: a fine of 200,000 euros, resulting from the application of a fine reduction under the leniency regime, as well as an additional fine reduction resulting from the proposed transaction;
• Vendap: a fine of 486,810 euros, resulting from the application of a fine reduction under the leniency regime, as well as the application of an additional reduction of the fine resulting from the proposed transaction.
The Decision was issued issued on July 9, 2015.