Legal Updates

‎‎‎‎‎‎‎‎A tender Bidder’s claims not presented in real time before the tenders committee will be rejected

October 15, 2017

A bidder in a sought to disqualify the winning bidder, contending that it has substantial evidence to prove price-fixing prohibited under the Antitrust Law.

The Court held that if a bidder with "incriminating" information about another bidder need bring such before the tender committee at the earliest possible date. In the present case, all the information was in the hands of the bidder prior to the publication of the tender and prior to submission of its bid in the tender. However, the bidder chose to wait until the decision of the committee was made, in order to calculate its steps, and with the announcement of the winner it chose to "pull out" the allegedly incriminating evidence. There was no evidence of a price-fixing felony and a bidder who sits idly and does nothing other than sending late letters to the tender committee is acting unreasonably and in lack of good faith that justifies the dismissal of the petition.