June 15/2005
Japan Fair Trade Commission
On May 23, 2005, the Fair Trade Commission of Japan (JFTC) considered that a crime violating the Antimonopoly Act exists and filed an accusation with the Public Prosecutor General against eight companies. The JFTC considered that eight individuals of the said companies engaged in bidding for steel bridge construction projects ordered by the Ministry of Land, Infrastructure and Transport (MLIT) and other 18 companies were involving crime violating the Antimonopoly Act, and today filed an accusation additionally with the Public Prosecutor General against them in accordance with Section 73 (1) of the Antimonopoly Act.
1. Accused individuals and companies
(1) Eight individuals of the following companies engaged in bidding for steel bridge construction projects ordered by MLIT
Yokogawa Bridge Corp. (Tokyo)
Kawada Industries, Inc. (Toyama)
JFE Engineering Corporation (Tokyo)
Tokyo Tekkotsu Kyoryo Corporation (Tokyo)
Takada Kiko Co., Ltd. (Osaka)
Kurimoto, Ltd. (Osaka)
Ishikawajima-Harima Heavy industries Co., Ltd. (Tokyo)
Miyaji Iron Works Co., Ltd. (Tokyo)
(2) 18 companies accused additionally
Matsuo Bridge Co., Ltd. (Osaka)
Mitsubishi Heavy Industries, Ltd. (Tokyo)
Kawasaki Heavy Industries, Ltd. (Kobe)
Japan Bridge Corporation (Osaka)
Mitsui Engineering & Shipbuilding Co., Ltd. (Tokyo)
Sakurada.Co., Ltd. (Chiba)
Sumitomo Heavy Industries, Ltd. (Tokyo)
Hitachi Zosen Corporation (Osaka)
Takigami Steel Construction Co., Ltd. (Tokyo)
Nippon Steel Corporation. (Tokyo)
Japan Steel Tower Co., Ltd. (Tokyo)
Komai Tekko Inc. (Osaka)
Katayama Stratech Corp. (Osaka)
Topy Industries, Limited. (Tokyo)
Nippon Sharyo, Ltd. (Nagoya)
HALTEC Corporation. (Osaka)
Kawatetsu Bridge and Steel Structure Corporation (Tokyo)
Sato Tekko Co., Ltd. (Toyama)
2. Ground for the accusation
(1) Fact
The 8 companies mentioned in item 1 (1)and the 18 companies mentioned in item 1 (2), together with 23 companies of steel bridge construction in FY 2003 and with 21 companies in FY 2004, agreed that they would decide in advance the winner of a tender for steel bridge construction projects ordered for competitive bids by the Kanto Regional Development Bureau, Tohoku Regional Development Bureau and Hokuriku Regional Development Bureau of the MLIT and would bid at a price convenient for the winner decided among the bidders to win. The 8 companies and the above 23 companies or 21 companies substantially restricted competition contrary to the public interest, in the field of bridge construction mentioned above, by mutually restricting and coordinating their business activities, deciding the winner according to the agreement.
And the 8 individuals of the 8 companies mentioned in item 1 (1), engaged in bidding for the said projects, substantially restricted competition in the field of bridge construction mentioned above, with individuals of other companies of steel bridge construction.
(2) Relating laws
Section 89 (1) (i), Section 95 (1) (i), Section 3 of the Antimonopoly Act, and Section 60 of Criminal Code
*Every announcement is tentative translation. Please refer to the original text written in Japanese.
