Legal Question in Business Law in Georgia

predatory pricing

How do I get information on predatory pricing concerning a bid on an RFP involving a county correctional facility. Most of the bids submitted were from corporations outside the state of Georgia.


Asked on 1/02/98, 10:51 am

1 Answer from Attorneys

Gerry Elman Elman Technology Law, P.C.

Bidding on State Jobs

I am an attorney in Pennsylvania and don't know the details of the Georgia government. However, I served for four years during the 1970's as a Deputy Attorney General in Pennsylvania handling antitrust matters, many involving bidding on contracts with the State, so I'll respond with general principles that probably have counterparts in Georgia. To be sure, check with a lawyer there.

I am unsure how to interpret your question. One reading is that you were a bidder on the job and wish to find out how you were underbid and didn't get the State contract. If so, then records of bids are generally available upon request from the agency that took the bids. They may charge a fee for locating files and copying pages, or they may let you visit and look at the papers.

If the question is whether there was price-fixing among the bidders, potentially a criminal offence, one can contact the relevant State and Federal agencies and talk with an investigator or attorney to voice one's concerns. The relevant Federal agency is the Antitrust Division of the U.S. Department of Justice. The State antitrust enforcers are generally in the office of the State Attorney General.

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Answered on 1/06/98, 12:12 pm


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