Facts
The Competition Commission (COMCO) opened an investigation on 30 October 2012 against company A. AG and several other companies on suspicion of anti-competitive practices. The investigation revealed two sets of facts: - From 2004 to May 2010, company A. AG regularly met with other companies to allocate road construction projects awarded by the canton of Grisons and its municipalities. COMCO qualified these facts as unlawful price-fixing and allocation of trading partners within the meaning of Art. 5 para. 3 let. a and c CartA. - From 2006 to 2012, company A. AG regularly met with three other companies to exchange information on their interests regarding building construction projects awarded in the Rhine Valley in Chur. COMCO qualified these facts as unlawful agreements within the meaning of Art. 5 para. 1 CartA in connection with Art. 4 para. 1 CartA.Considerations
COMCO fully exonerated company A. AG from any sanction, but ordered the following measures based on Art. 30 para. 1 CartA: 1. Prohibition of requesting protection, supporting offers or refraining from submitting an offer from competitors, as well as exchanging information on offer prices, price components and the allocation of customers, regions and projects, except for exchanges of information essential within the framework of consortia or subcontracting. 2. Prohibition of requesting information from competitors on their interests regarding…