Conduct of providing management guidance by a trade association is needed in principle only in the case of the trade association of small- and medium-scale firms. While taking the form of management guidance, conduct, by a trade association which includes firms intending to participate in a bid, of providing these firms guidance concerning activities relevant to the bid, tends to lead to such conduct which restrains or impedes competition as the indications of bid prices and invitation to participate in the predetermined of an expected bid winner, and in such cases would raise problems under the Antimonopoly Act.

Conduct of expressing opinions or requests concerning the management and content of the bid system in general does not raise problems inherently and of itself, regardless of whether this is done independently by individual firms, concertedly by firms, or by a trade association. Also, firms' conduct of giving general information on technology to contract awarding public agency, not related to specific bids, does not raise problems inherently.

## (2) Examples

[Points to be noted concerning Conduct in principle constituting violation]

(Points to be noted concerning conduct of predetermined an expected bid winner)

Conduct which comes under 1-1-1 or 1-1-2, as mentioned in the points to be noted for 1-1 (predetermining an expected bid winner), would be used as a means for the predetermined of an expected bid winner, or has a high probability of leading to the formation of a tacit understanding or common intent concerning an expected bid winner. Thus, such conduct is further suspected to be violation.

(Exchange of information concerning interest in being awarded a contract)

Conduct of exchanging such information among firms intending to participate in a bid, which may lead to the selection of an expected bid winner, such as interest in being awarded the contract, past business activities concerning the bid, past contracts awarded in related projects, and others. Or, conduct of collecting and offering such information by a trade association which includes such firms, or conduct of promoting the exchange of such information among such firms by it.

(Collating and offering information regarding the number of times designated and past record of contracts awarded.)

Firms' concerted conduct or a trade association's conduct of collating information concerning the number of times that individual firms have been designated for participation in past bids and their past records of contracts awarded, in such a manner that the information can be used to establish an order of priority in the selection of future expected bid winners and to offer such information to firms intending to participate in bids.

(Previously cited under 1-1-2)

(Points to be noted concerning conduct of predetermined a minimum bid price) Conduct which comes under 2-1-1, as mentioned in the points to be noted for 2-1 (predetermining a minimum bid price), would be used as a means for the predetermined of a minimum bid price, or has a high probability of leading to the formation of a tacit understanding or common intent concerning a minimum bid price. Thus, such conduct is further suspected to be violation.