Section 42: Bid rigging

42. Bid rigging (1) For the purposes of this section, an agreement, or a provision of such agreement, shall be collusive if one party to the agreement— (a) agrees not to submit a bid or tender in response to an invitation for bids or tenders; or (b) agrees on the price, terms or conditions of a bid or tender to be submitted in response to such a call or request. (2) Subject to subsection (3), any agreement, or provision of such agreement, which is collusive shall be prohibited and void. (3) This section shall not apply to an agreement the terms of which are made known to the person making the invitation for bids or tenders at, or before, the time when any bid or tender is made by a party to the agreement. (S. 42 came into operation on 25 November 2009.) [Issue 5] C36A – 16 Revised Laws of Mauritius