Section 109: Bid-rigging

(1) Subject to subsection (2), no two or more undertakings shall enter into an agreement whereby-
(a) one or more of them agree not to submit a bid in response to a call or request for bids or tenders ; or
(b) as bidders or tenderers, they submit, in response to a call or request, bids or tenders that are arrived at by agreement between or among themselves.
(2) This section shall not apply in respect of an agreement that is entered into or a submission that is arived at only by undertakings each of which, in respect of every one of the others, is an affiliate.
(3) An undertaking that violates any provision of this section commits an offence and where the undertaking is-
(a) a natural person, is liable on convicition to imprisonment for a term not exceeding three years, or to payment of a fine not exceeding N10,000,000.00 or to both fine and imprisonment ;
(b) a body corporate, is liable on conviction to a fine not exceeding 10% of its turnover in the preceeding business year ; and
(c) a body corporate referred to in paragraph (b), each director of the body corporate is liable to be proceeded against and on conviction dealt with as specified in paragraph (a).