Antitrust Review - Summary

Purpose:

To enhance the fiscal health of the State of Ohio, its agencies, governmental entities and political subdivisions through a structured and proactive plan of periodic on-site reviews aimed at identification, remediation and prevention of anticompetitive activities adversely affecting the public sector. This Program is developed with the recognition that anticompetitive schemes such as bid-rigging and price-fixing are often carefully and cleverly concealed, so that even the most astute of public purchasing officials could have little chance of detecting the activity in the ordinary course of business.

Participation:

Participation in the Antitrust Review Program will be strictly voluntary. At the outset, efforts will be made to inform all state agencies, governmental entities and political subdivisions about the availability of the Program and what participation will entail. Each such entity will be given the opportunity to express an interest in participating. The election to participate may be withdrawn at any time. Participation will entail inclusion on a list of potential antitrust review candidates. Once per quarter (or more frequently if resources and staffing permit), staff members from the Attorney General's Antitrust Section will select a participating entity and contact that entity to schedule an on-site antitrust review. An effort will be made to vary the type of entity, size of entity and geographic region selected. Entities reviewed will be informed of the results of the review. Due to the realities of time and resource limitations, the Attorney General makes no representation that review of an entity under this Program will encompass a complete review of all bid and purchase records of the entity for a five-year period. The Attorney General reserves the right to review the records of only certain products or services, and/or for less than the full five-year period, as resources warrant.

Participants' Requirements:

An entity selected for antitrust review will be asked to provide access to bid documents and purchase records for the immediately preceding five (5) year period to members of the Attorney General's Antitrust Section staff. Staff members performing the review will be on-site for no more than five (5) consecutive days and may need to photocopy (or to have photocopied) some of the documents they review. The participating entity will also be asked to make available for questions an employee knowledgeable about the bid/purchase process.

Potential Benefits of Participation:

The Ohio Attorney General's Office undertakes this new Program as both a curative and preventative measure. Widespread participation by Ohio's public agencies, institutions and political subdivisions will increase the likelihood that overcharges to public entities as a result of price-fixing, bid-rigging and other illegal anticompetitive activities can be detected, and the wrongfully converted public dollars can be returned to the affected entity or entities. In addition, the existence of this Program may have a chilling effect on anticompetitive schemes perpetrated against Ohio public entities due to the increased likelihood of detection.