Jan De Nul, a major player in the global dredging market, alleges that DEME is employing tactics that “undermine fair competition, negatively impacting not only competitors but also the public treasury and the efficiency of waterway transport.” “Our challenge is based on the firm conviction that the bidding process for the Waterway must be carried out under the strictest standards of transparency and competition,” stated a Jan De Nul spokesperson who requested anonymity due to the sensitivity of the matter. Finally, he said the company has “serious concerns about the conduct of DEME and its potential impact on the outcome of the bidding process.” Jan De Nul asserts that DEME abuses its position to exclude competitors, imposing unfavorable conditions on subcontractors or clients. Unfair Practices in Bids: De Nul claims that DEME uses anti-competitive tactics in bidding processes, such as submitting fake bids (“cover bids”) to create the appearance of competition when it has already been decided who will win. Damage to Reputation and Innovation: De Nul argues that DEME’s anti-competitive practices harm the reputation of the dredging industry and stifle innovation, as companies have no incentive to improve their efficiency or develop new technologies if competition is stifled. In essence, Jan De Nul accuses DEME of orchestrating a series of actions to eliminate competition and maximize its profits at the expense of transparency, fairness, and innovation in the dredging market. These allegations have led to investigations and litigation by competition authorities in various countries. The challenge, which has caused a stir in the sector, is based on a series of serious allegations surrounding alleged collusion and abuse of a dominant position by DEME. This limits competition and harms clients (governments and private companies) that contract dredging services. Exchange of Confidential Information: It is alleged that DEME and its partners exchange sensitive information about their bidding strategies, costs, and business plans, allowing them to coordinate their offers and eliminate fair competition. Abuse of a Dominant Position: In certain areas or types of projects, DEME holds a very strong market position. The key points of this challenge, which were accessed by the Argentine News Agency, are as follows: Cartels and Price-Fixing: Jan De Nul accuses DEME of being part of a cartel with other major industry players to manipulate tenders, inflate prices, and divide geographical markets.
