cartelization (AGREEMENTS TO ELIMINATE THE COMPETITION) IN POLITICS AND BUSINESS AS
regional and local pacts with groups (armed and unarmed) illegal to distribute public resources and handling government contracts are only the tip of the iceberg "of a process " cartelization " in politics and business. Means "cartelization" in their economic and legal and illegal practice of restricting or eliminating [1] free competition "agreements not to compete" [2] .
From clandestine agreements with illegal organizations to open covenants (which may even take the name of "governability pact"), the process of cartelization to eliminate or restrict competition proper, including arrangements:
* Financing political
advance
* Negotiation infrastructure investment decisions, and / or social spending to benefit private interests or groups, and
* Allocation (Or prior distribution) of public contracts
One aspect (not relevant) for the implementation of these agreements is that very often require compliance "formal" of legal principles and procedures of government procurement and public finance management .
To preserve the appearance of strict compliance with the formalities of the procurement process, counterfeited documents submitted to the offers (to prove financial conditions, skills, training or personal experience or the firm), or "routed" the specifications (specifications tailored to a few and / or to exclude others), or handled the bidding process (bid rigging) collusive agreements (which allow winning bidders not qualified or non-competitive prices) or (paradoxically) are proposed to artificially low prices.
In all cases, the end result is the extra cost of infrastructure and services by the taxpayer and in favor of the "signs" of politics and business.
collusive agreements include:
(1) The so-called "carousel" or union of companies to manipulate the average of a contract (consultancy contract);
(2) Agreements between contractors for distribution contracts by the internal choice of the bidder to be the winner and presentation of proposals by other noncompetitive (combo);
(3) The negotiation of interests in contracts including the payment of commissions to waive qualified bidders compete ( free) and
(4) The agreements with auditors.
The proposals at artificially low prices usually occurs in the proposal not to include all the tasks, with the expectation (or safety arising from previous arrangements) to get additions during the execution of the contract. In these cases, additions of 50% (maximum allowed by law) are generally considered "safe."
The presentation of false documents (often in accordance with the interventoria) can handle quantities and qualities of works that have not been built, goods were not delivered and / or services are not provided.
In extreme case goes to lead (and even "fix" or simulate) incidents of attributing responsibility to the administration and negotiate settlements or search (with the base false) claims in courts of arbitration. However, the proposals are artificially low prices in many cases also associated with:
(1) The Money Laundering;
(2) The intention (when no prior collusive agreement) to present the proposal to negotiate further interest or rights as a contractor.
STUDIES ON THE ISSUE:
· UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) A LEVEL TERRITORIAL - MARINO TADEO Hainaut, 2007
· UNITED NATIONS CONVENTION AGAINST CORRUPTION & LAW COLOMBIANO - MARINO TADEO Hainaut
MARINO OTHER ELECTRONIC PUBLICATIONS TADEO Hainaut RELATED TO THE
· SELF-REGULATION IN THE UNITED KINGDOM: THE NINETEENTH CENTURY ENGLISH CLUB TO THE RULES OF THE GLOBAL SOCIETY
· self-regulation - TRIGGERS NEW "POLITICAL FEEDBACK" ON INFRASTRUCTURE - Hainaut TADEO MARINO
· SELF-REGULATION AND RULES OF THE GLOBAL SOCIETY: THE SECURITIES MARKET OF THE UNITED STATES - Hainaut TADEO MARINO
· SELF-REGULATION: IF WE DO NOT, SOMEONE ELSE YOU WILL DO THE SAME ... AND WITHOUT KNOWLEDGE
· Demand Annulment ACTS OF ATTORNEY ALLOWING widespread impunity CRIMES AGAINST HUMANITY - PREPARED BY THADDEUS Hainaut MARINO AND PREPARED BY THE LEAGUE DISPLACED WOMEN
· COPYRIGHT, PROPERTY TAXES AND DEVELOPMENT URBANO - LAND AND PROPERTY Taxation - MARINO TADEO Hainaut, MEXICO - EDITED, APRIL, 2008
· SUPPLIERS OF WATER & SOLID WASTE COLLECTION IN EL SALVADOR - comparative advantage - POTENTIAL - MARINO TADEO Hainaut, 2004
· CONCEPTUAL BASE FOR INSTITUTIONAL DEVELOPMENT PROGRAMS, AND PUBLIC MANAGEMENT DEPARTMENT ORGANIZATIONAL REDESIGN - MARINO TADEO Hainaut, 1992
· BASES MUNICIPAL FINANCE SYSTEM - BONDS & Securitization - MARINO TADEO Hainaut, 2003
· PROVISION OF MUNICIPAL WATER SERVICE IN RURAL CHILDREN AND COLOMBIA - MARINO TADEO Hainaut
· BASE CONCEPTUAL AND RECOMMENDATIONS ON INSTITUTIONAL SERVICES FOR WATER & SANITATION IN EL SALVADOR - Hainaut TADEO MARINO
· self-regulation - REVIEW OF EXPERIENCE: Anglo-American PRACTICE LAW & BUSINESS - MARINO TADEO Hainaut
Electronic Publications MARINO TADEO Hainaut
OFFICE OF FAIR TRADE IN THE UNITED KINGDOM - Office of Fair Trading - The OFT (the UK's consumer and competition Authority ) ON BID RIGGING - Cartels - INFRASTRUCTURE INDUSTRIES
OFT closes door on cartel leniency in construction bid rigging cases in England
The OFT is making an offer of a reduced penalty to all those companies implicated in its current bid rigging cartel investigation in the construction sector in England, that have not so far applied for leniency.
22 March 07
What is a cartel?
A cartel is an agreement between businesses not to compete with each other. Cartels can occur in almost any industry and can involve goods or services at the manufacturing, distribution or retail level.
29 November 01
OFT urges SMEs to come clean and fix the fixers
Businesses involved in price-fixing, market-sharing, bid-rigging or other cartels can wipe the slate clean and remove the risk of severe penalties, says the Office of Fair Trading
2 November 05
Public sector procurement
OFT study of the impact of public sector procurement on competition.
31 March 04
Cartels
Information for business about cartels
2 January 07
OFT urges SMEs to report anti-competitive practices
Nearly a quarter of small and medium sized enterprises (SMEs) across Britain believe they are harmed by unfair practices such as cartel price fixing and collusion to set tender prices, says new research from the OFT...
20 July 05
Enforcement
If we consider that the law has been infringed, we will write to those concerned to explain the case against them and give them a chance to respond, both in writing and by meeting with OFT officials. Further details of the OFT's procedures in this respect are contained in the publication Under investigation?
10 January 07
Rewards for information about cartels
The OFT is prepared to offer financial rewards of up to £100,000 (in exceptional circumstances) for information about cartel activity.
29 February 08
OFT makes 'fast track' offer in biggest ever UK cartel investigation
The OFT is looking to fast track its current bid rigging cartel investigation in the construction industry, by making an offer of reduced financial penalty to all those implicated Companies That Have Not Applied for leniency so far But Are willing to COOPERATE with the OFT in Un certain specific ways. 22 March 07
OFT launches criminal investigation international Into Alleged bid rigging, price fixing and market allocation cartel
The OFT is Carrying out a number of on-site searches as part of a criminal investigation Into Suspected cartel Conduct in relation to the market for marine Hoses Used to transfer oil. 3 May 07
_______________________________________ [1] Even candidates or candidates who retire under the specific agreement to receive a grant of chance, liquor business or public works contracts
[2] concept is used of "cartel" in the strict sense as any "agreement to eliminate competition, but (probably) recognized" drug cartels "posters are also involved in regional and local politics and business.
