The Autorité de la concurrence rejects the referral filed by the communauté urbaine de Bordeaux (Bordeaux metropolitan area) in the absence of solid evidence.

The complaint lodged by the communauté urbaine de Bordeaux

The communauté urbaine de Bordeaux (CUB), now Bordeaux métropole, denounced an agreement put in place by companies responding to calls to tender it had launched for the extension works of its tramway network.

On the basis of an analysis of the content of the candidates' offers (prices, technical notes) and the computer properties of the files communicated during the consultations, the CUB reproached several companies for having divided the markets.

The evidence in the file do not support the communauté urbaine de Bordeaux's assumptions

The mere finding of a very small price difference between the global offers of the awardees is insufficient to establish a market distribution.

Similarly, the analyzes performed by the communauté urbaine de Bordeaux on the digital copies of the tenders (copy properties, interventions on the copies) of the candidates are not conclusive and do not allow to deduce that exchanges took place between the applicant companies before the submission of offers. In view of these elements, the Autorité therefore rejected the referral filled by the communauté urbaine de Bordeaux.

> See the full text of the decision 19-D-06 of 19 April 2019 regarding practices in public procurement of extension works of the Bordeaux tram (in French)

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