| Commentary

17 Collusive tendering

| Commentary

17 Collusive tendering

At common law, an agreement between two potential tenderers that one will not tender, or as to the price at which tenders will be submitted, is valid and enforceable as between the parties1 and gives no remedy to an employer whose interests are adversely affected by it2. However, such an agreement was previously registrable under the Restrictive Trade Practices Act 19763 and, after 1 March 2000, is prohibited under the Competition Act 1998 if it has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom4. Such agreements must be notified

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