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The JFTC Filed a Criminal Accusation on Bid-Rigging Concerning the Disaster Restoration Paving Works for the Great East Japan Earthquake Ordered by the Tohoku Branch of East Nippon Expressway Company Ltd.

The JFTC Filed a Criminal Accusation on Bid-Rigging Concerning the Disaster Restoration Paving Works for the Great East Japan Earthquake Ordered by the Tohoku Branch of East Nippon Expressway Company Ltd.

February 29, 2016
Japan Fair Trade Commission

The Japan Fair Trade Commission, having investigated into a bid-rigging case concerning the disaster restoration paving works for the Great East Japan Earthquake ordered by the Tohoku Branch of East Nippon Expressway Company Ltd., found a criminal violation of the Antimonopoly Act (AMA) and filed today a criminal accusation with the Public Prosecutor-General against 10 companies including NIPPO Co., Ltd. and 11 individuals of the 10 companies accused who were engaged in the contract such as road construction business, in accordance with Article 74 (1) of the AMA.
Outline of the accusation is as follows:

1. Companies and Individuals accused
(1) Companies

Names
Addresses and Representatives

NIPPO Co., Ltd.

1-2-16 Yaesu, Chuo-ku, Tokyo
Hiromi Iwata, President

MAEDA ROAD CONSTRUCTION Co., Ltd.

1-11-3 Oosaki, Shinagawa-ku, Tokyo
Ryozo Imaeda, President

THE NIPPON ROAD Co., Ltd.

1-6-5 Shimbashi, Minato-ku, Tokyo
Norio Yamaguchi, President

Taisei Rotec Co., Ltd.

8-17-1 Nishishinjuku,Shinjuku-ku, Tokyo
Hidetoshi Yabuta, President

OBAYASHI ROAD Co., Ltd.

2-8-8 Sarugaku-cho, Chiyoda-ku, Tokyo
Hitoshi Hasegawa, President

TOA ROAD Co., Ltd.

7-3-7 Roppongi, Minato-ku, Tokyo
Kenichi Yoshihara, President

WATANABE SATO Co., Ltd.

1-18-4 Minamiazabu, Minato-ku, Tokyo
Shinobu Kamikawa, President

gaeart T.K. Co., Ltd.

8-27 Shinogawamachi, Shinjuku-ku, Tokyo

Toshihiko Maeyama, President

SUMIKEN MITSUI ROAD Co., Ltd.

13-27 Yochomachi, Shinjuku-ku, Tokyo
Takayuki Matsui, President

Kitagawa Hutec Co., Ltd.

1-13-1 Kanda, Kanazawa-shi, Ishikawa
Takaaki Kitagawa, President

(2) 11 individuals who were engaged in the contract such as road construction business in the companies above.

2. Grounds for the Criminal Accusation
(1) Facts
Each of 10 companies operate the contract such as road construction business, and the 11 individuals were engaged in the business as employees of these companies respectively. The 11 individuals, in conspiracy with other employees who belong to the same companies concerned and others, during the period of time between around early July 2011 and same year mid-September, by having meetings etc., at Tohoku brunch of accused companies, agree to designate successful bidders and to bid at prices allowing the successful designated bidders to win with respect to the disaster restoration paving works for the Great East Japan Earthquake that put out in order to conditional general competitive bidding by the Tohoku branch of East Nippon Expressway Company Ltd. since July of the same year. The 11 individuals, in accordance with the agreement, designated the successful bidders for each of the works, thereby, 10 companies and other companies, as for the works at issue, in concert with one another, contrary to the public interest, substantially restrained competition in the field of trade on the works by mutually restricting their business activities.

(2)Applicable Provisions
Article 89 (1) (1), Article 3, Article95 (1) (1) of the AMA and Article 60 of the Criminal Law

*Every announcement is tentative translation. Please refer to the original text written in Japanese for more details.

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