Dilemma 10:  Cartels - Answer

In most countries, if competitors agree to collaborate during a bid (other than in a permitted joint venture or consortium which is declared to the client), they would be breaching competition law.  In many countries, competition law carries severe penalties, such as fines and imprisonment for individuals, and fines and debarment for companies.

 

Therefore, do not under any circumstances get involved in a cartel.  Nor must you get involved in discussing a possible cartel.  You should therefore immediately say to the competitor words to the effect of “definitely not”, and immediately walk away from the discussion.  Once you return to your office, you should record exactly what happened in writing, and report the incident to a company director (or the person who has been nominated in your company to receive such reports).   Take legal advice as to whether you have an obligation to report the discussion to the competition authorities.