What Is Impermissible Collusion (Unzulässige Abreden, Germany)?
This is a German procurement term. Anti-competitive agreements between bidders, such as price fixing.
What counts as unzulässige Abreden?
Agreements between bidders on prices, on who will bid, on who will win or on the division of contracts. Also the use of common calculation or sharing of bid information.
What are the consequences?
Exclusion of all bidders involved, fines under the GWB, and exclusion from future procurements for up to three years.
Are consortia collusion?
Not if the members could not realistically have bid alone, or if the consortium is otherwise justified. A consortium between competitors who could each have bid may be.
