Schemes include bid suppression, complementary bidding, bid rotation, and subcontracting arrangements compensating losing bidders. All are per se unlawful and criminally prosecutable.

Government procurement is a frequent context.

Alternative Names:

Bid Rigging Conspiracy|Collusive Bidding

Why it Matters?

Criminal exposure distinguishes bid rigging from most antitrust conduct, since the Antitrust Division prosecutes these cases regularly and individual executives face imprisonment alongside corporate fines. Leniency for the first cooperating conspirator is accordingly critical and available only once per conspiracy. Complementary bidding is the pattern most often overlooked internally, since submitting an intentionally high bid appears innocuous to participants.

Frequently Confused with

Related terms

Frequently asked questions

What distinguishes bid rigging?

What distinguishes bid rigging?

Criminal exposure, since the Antitrust Division prosecutes regularly and executives face imprisonment alongside corporate fines.

Which pattern is overlooked internally?

Which pattern is overlooked internally?

Complementary bidding, since submitting an intentionally high bid appears innocuous to participants.