Is collusive bidding unfair competition?

In order to prevent the occurrence of restricting competition in the bidding process, the Anti-Unfair Competition Law clearly regulates the bidding behavior from the perspective of protecting and encouraging fair competition and stopping unfair competition: "Bidders shall not collude in bidding, raise the bid price or lower the bid price. Bidders and bidders shall not collude with each other to crowd out the fair competition of competitors. " According to this regulation, "collusive bidding" is an act of unfair competition prohibited by law.

The hazards of colluding in bidding are as follows:

1, collusive bidding directly damages the legitimate rights and interests of other bidders. In essence, it is a kind of disorderly competition and malicious competition, which disturbs the normal bidding order, hinders the full play of the due function of the competition mechanism, and often manipulates the winning bid results in the hands of a few enterprises to a great extent, and shuts out potential winning bidders with advantages and strength. It not only destroys the normal management and integrity environment of the construction market, seriously affects the fairness and seriousness of bidding, but also hurts the interests of most bidders.

2. When there is no pre-tender price or composite pre-tender price, and the bid is not won at a low price, collusive bidding often leads to the bid price exceeding the normal range, thus increasing the cost of the tenderer. Because the enterprises participating in the bidding will generally have some form of profit sharing, which will make the price they manipulate exceed the reasonable low price range.

3. Enterprises involved in collusive bidding often have low integrity and do not pay attention to internal management of enterprises. Because the gambling mentality prevailed, their bidding documents only paid attention to the price, did not seriously study the construction plan, and did not have reasonable countermeasures. Even if they win the bid, they are unlikely to seriously organize the implementation of the project, leaving hidden dangers for the project construction.

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