Request for damages for steel bridge superstructure construction ordered by Japan Highway Public Corporation
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- Request for damages for steel bridge superstructure construction ordered by Japan Highway Public Corporation
July 29, 2008
East Nippon Expressway Co., Ltd.
Central Japan Expressway Co., Ltd.
West Japan Expressway Co., Ltd.
Japan Expressway Holding and Debt Repayment Agency
East Nippon Expressway Co., Ltd., Central Japan Expressway Co., Ltd. and West Japan Expressway Co., Ltd. and Japan Expressway Owned and Debt Repayment Organization is the top of the steel bridge ordered by Japan Highway Public Corporation. Regarding the construction work, the Japan Highway Public Corporation former deputy was convicted by the Tokyo High Court for violating the antitrust law, etc. and the business operator that was certified to have been rigged by the Fair Trade Commission's exclusion recommendation or levy payment order We will inform you that we have claimed damages to the president and other related parties.
1 Billing party and billing amount
- On June 25 of this year, we received a claim for damages from a contractor for 49 companies, as well as contracted works (126 contracts, totaling approximately 8,944 million yen).
- Requested compensation for damages due to violation of the Antimonopoly Act as solidarity debt with the business operator on July 24, two former executive officers of Japan Highway Public Corporation and two former employees of Yokogawa Bridge Co., Ltd. (123 cases, total of about 8,683 million yen).
- For more information, Attachment [PDF: 11KB] It is as follows.
- この他、中日本高速道路株式会社では、日本道路公団元役員2名に対し、背任行為に基づく損害を賠償請求しました。請求額は刑事事件判決で認定された損害額（4,780万円）としています。
2 Summary of damages and claims
We calculated and claimed the damage amount from the difference between the actual successful bid rate and the expected successful bid rate when the competitive market was considered to be functioning normally.
We are already claiming a penalty for construction with a penalty clause, but if the damage amount exceeds the amount of the penalty, we will claim damages for the excess.
[Penalty billing and storage status]
So far, we have claimed 78 cases, totaling about 9,596 million yen, and have already stored 75 cases, about 9,444 million yen. Three unstored cases, about 152 million yen, are pending.
3 Publication of survey results
Based on the Tokyo High Court's criminal case ruling against the former vice president on July 4, after compiling the investigation results, I am claiming damages to individuals as mentioned above. Now that we have confirmed that the invoices have been delivered to individuals, we have made an announcement including the invoices to businesses.
Regarding the investigation of designated staff based on the "Act on Exclusion and Prevention of Participation in Bid Rigging", please refer to Appendix " Survey results [PDF: 17KB] It is as follows.
[Reference] Background
| 2005 | Aug. 1 | Fair Trade Commission criminalizes former Vice President |
| August 15 | Fair Trade Commission criminalizes former director | |
| September 29 | Fair Trade Commission recommends 45 companies to exclude and requests improvement measures from Japan Highway Public Corporation | |
| 2006 | February 16 | NEXCO companies jointly report and publicize improvement measures, etc. to the Fair Trade Commission |
| March 24 | Fair Trade Commission orders 43 companies to pay surcharge | |
| September 12 | NEXCO companies and Japan Expressway Ownership and Debt Repayment Organization charge penalties to 25 companies (Sequentially billed after completion of construction) |
|
| November 10 | Conviction by the Tokyo High Court against companies (23 companies) and individuals (8 persons) | |
| 2007 | September 21 | Convicted by the Tokyo High Court for companies (3 companies) and individuals (2 people) |
| December 7 | Former director convicted by Tokyo High Court | |
| 2008 | June 25 | NEXCO companies and Japan Expressway Ownership and Debt Repayment Organization claim damages to 49 companies |
| July 4 | Tokyo High Court convicted by former Vice President | |
| July 24 | NEXCO companies compile the survey results based on Article 4, Paragraphs 1 and 2 of the Act on Prevention of Involvement in Bid Rigging, etc. NEXCO companies and Japan Expressway Ownership and Debt Repayment Organization claim damages against the former Vice President and 3 others |
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