When it comes to tendering or contracting processes, whether public or private, it is clear that the organisation's standard of competitive integrity will be of vital importance to minimise the risks of conduct associated with corruption and anti-competitive practices. According to the OECD and the FNE, there are no single formulas to avoid this type of behaviour, but they do establish certain recommendations.
It is key that bidding processes are transparent and do not turn into unlawful conduct. In spite of the above, collusion - the most serious anti-competitive offence - and fraud - which can turn into major corporate crises - are two dangerous behaviours that continue to occur in our country. A concrete example that came to light a few months ago was the Led Case, in which officials of several municipalities and a private company were involved in corruption in bidding processes.
For this reason, it is of great importance to raise awareness of how to avoid this type of illicit behaviour, the first step being for organisations to be clear about the existing regulatory and legal frameworks in the commercialisation processes, as well as the recommendations that exist to avoid incurring in these illicit acts.
At the same time, to stimulate greater transparency and participation, it will be key to establish adequate channels for effective communication with all potential interested bidders, and that clear rules are promoted from the beginning through the terms and conditions. At the same time, prioritising risks, monitoring them permanently and accrediting due diligence that guarantees good faith when making complex decisions.
In addition to the above, institutions and companies must have adequate internal communication, and be clear about what is happening with their collaborators, who may come under pressure, whether due to financial problems, low compliance with goals, among others. Under the pressure of events such as crisis or pandemic states, human nature becomes more vulnerable and unstable. At the same time people become more persuasive. These factors, together with these situations and the interest in meeting goals, earning bonuses and other exogenous factors such as the relaxation of controls, create the perfect storm for fraud.
Unlike in the past, when the control and analysis of information for the detection of irregular situations was highly costly and imperfect, today we do have efficient technological variables, all tools that will help to raise the standards of competition, transparency and compliance in procurement and contracting processes, providing traceability, total openness to the market, and real-time information, through which it is possible to measure management and detect abnormal situations, whether fraud or collusive behaviour.
Competitive integrity in companies must take into account the elements we have described, thus favouring an economically sustainable ecosystem, taking safeguards in terms of protocols, training and adoption of technologies that are currently available for this purpose.
Ignacio Larraín Jiménez, socio de Libre Competencia de PPU
Jorge Vio, socio de Servicios Forense de Integridad de EY
Felipe Manterola, Co Fundador Wherex
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1 septiembre, 2026 | 2mins
