23 May 2024

(View Media Release in PDF)

1. The Competition and Consumer Commission of Singapore (“CCCS”) has issued a Proposed Infringement Decision (“PID”)^[1] against two companies on 23 May 2024 for infringing section 34 of the Competition Act 2004^[2]. The companies engaged in bid-rigging conduct in the supply of interior fit-out construction services for non-residential properties in Singapore. The affected tenders were procured for between $150,000 and $7,700,000 in value and involved twelve properties including offices, retail spaces and food and beverage (“F&B”) establishments.

2. The two companies, namely Tarkus Interiors Pte Ltd (“Tarkus”) and Flex Connect Pte. Ltd. (formerly known as Facility Link Pte. Ltd.) (“FL”) (each a “Party” and together the “Parties”) provide interior fit-out construction services that can include the construction of interior partitions, mechanical, electrical and plumbing works and finishings.

CCCS’s Investigation

3. Investigations revealed that there were anti-competitive agreements and/or concerted practices between Tarkus and FL to collude by bid-rigging tenders.

4. CCCS found that, with bid-rigging arrangements^[3] between the Parties in tenders, this removed competitive pressure between them to submit their best offers to customers. As a result, customers suffered as they were unable to obtain offers that could provide the best value. The tenders affected by the bid-rigging arrangements between Tarkus and FL were called from August 2016 to August 2021.

5. The Parties (including those who have applied for leniency treatment under CCCS’s Leniency Programme)^[4] have six weeks from the receipt of the PID to make their individual representations. CCCS will consider the representations, as well as all available information and evidence, before making its final decision.

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