1. Abigail Smith Assistant Attorney General
Bid Rigging
Abigail Smith
Assistant Attorney General

2. Bid Rigging Materials Before you start taking notes… Resources
Handout: Bid Rigging Quick Reference Sheet
U.S. Department of Justice Primer
Send an to

3. Colorado Antitrust Enforcement
Enforce state and federal antitrust laws
Sherman Act & Clayton Act
Colorado Antitrust Act
Recover money on behalf of state agencies

4. How does antitrust affect you?
All attendees are competitors
Competitors can’t agree:
About the price
About whether to bid

5. Agreement to… What is bid rigging? Take Turns Bidding on Properties
Competitors agree not to bid on properties
Suppress Bidding
Competitor agrees not to bid on a property
Competitor agrees to withdraw submitted bid

6. Warning Signs Competitors meet before the auction
Competitors meet after the auction
Competitors speak during the auction

7. Warning Signs Winning bidder does not return with certified funds
Unusual bidding patterns
Bidders who attend but don’t bid
Especially if they have conversations with other bidders
Unusual conduct or bid increments during bidding

8. Preventing Collusion
Periodically review historic bid results and look for bidding patterns or unusual trends
Train staff regarding bid rigging and warning signs

9. We need your help
When something just doesn’t seem right, please let the Attorney General know.
Don’t worry about raising a “false alarm”
We’ll work through the situation with you

10. “I don’t want to get anyone in trouble”
Any information that you provide is the first step in a careful and comprehensive review process
There may be a reasonable explanation for what you observed, and we may be able to explain it
We will only begin an investigation if we have a reasonable basis for doing so
We will only file a lawsuit after we have conducted an investigation that has uncovered substantial evidence of an antitrust violation

11. “I can’t prove anything”
We don’t expect you to – that’s our job
We’re just asking you to keep your eyes and ears open for the things I’ve talked about, and contact us when something doesn’t seem right
We might have additional information that helps us start an investigation
Even if we don’t investigate, the information you provide helps us better understand the industry

12. Contact Information
Abigail Smith
Assistant Attorney General
Consumer Protection Section
Colorado Department of Law
1300 Broadway, Seventh Floor
Denver, Colorado 80203
(720)