The Administrative Council for Economic Defense convicted seven
companies and two individuals for involvement in a cartel that defrauded
the competitive nature of municipal public tenders, held across the
country, for the acquisition of Mobile Health Units, medical and dental
equipment. The majority of the Court rendered the decision during the
trial session on the 9th of December.
Four companies in the Planan group and two company managers were
convicted of anti-competitive practices; two Frontal group companies;
and the Leal Máquinas company. The fines imposed on those involved in
the illegal conduct amounted to more than R $ 55.4 million.
According to the counsellor Paula Azevedo, the participants in the
collusion combined the presentation of coverage proposals to simulate
the competitiveness of the bidding processes, when, there was already a
predefined winner according. The companies carried out this practice
between 1999 and 2005.
Investigations show that tenders for UMS purchases were attributed to
the Planam group. The Frontal group won the competitions for the
acquisition of medical and dental equipment. Leal Máquinas'
participation in the collusion, in turn, consisted of submitting
fictitious proposals in different municipalities, provided that it won
the tenders held in the state of Minas Gerais.
The administrative proceeding was initiated in 2008, based on evidence
gathered by "Operation Sanguessuga", triggered by the Federal Police
and the Federal Public Ministry. The scheme was also the subject of
criminal proceedings and counting by the Joint Parliamentary Commission
of Inquiry in the National Congress.
The investigation of the case pointed out that the scheme for
directing public tenders between companies that should compete with each
other was divided into three stages and each participant in the cartel
had a specific function to guarantee the success of the infractions.
For the practices of the infractions that hurt the competition of bidding processes in the public health sector, CADE determined the fines that add up to R $ 55.4 million.
By the decision of the local authority court, those convicted of the
cartel involvement are also prohibited from contracting with official
financial institutions and from participating in tenders carried out by
the Federal, State, Municipal and Federal District Public
Administration, as well as by government entities for a period of five
years.
