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 |
MAEDA ROAD CONSTRUCTION Co., Ltd. |
1-11-3 Oosaki, Shinagawa-ku, Tokyo |
THE NIPPON ROAD Co., Ltd. |
1-6-5 Shimbashi, Minato-ku, Tokyo |
Taisei Rotec Co., Ltd. |
8-17-1 Nishishinjuku,Shinjuku-ku, Tokyo |
OBAYASHI ROAD Co., Ltd. |
2-8-8 Sarugaku-cho, Chiyoda-ku, Tokyo |
TOA ROAD Co., Ltd. |
7-3-7 Roppongi, Minato-ku, Tokyo |
WATANABE SATO Co., Ltd. |
1-18-4 Minamiazabu, Minato-ku, Tokyo |
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 |
Kitagawa Hutec Co., Ltd. |
1-13-1 Kanda, Kanazawa-shi, Ishikawa |
(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.