Monday, June 1, 2009
Posted by D. Daniel Sokol
Pal Szilagyi, Competition Law Research Centre, Hungary discusses Bidding Markets and Competition Law in the European Union and the United Kingdom.
ABSTRACT: The first part of a two part article on EC and UK case law on competition in bidding markets, examines EC case law. Discuss economic considerations, particularly auction types and models, the characteristics of ideal bidding markets (illustrated by a diagram) and the impact of collusion, entry deterrence and predatory behavior. Reviews European Commission and Court of First Instance case law on: (1) bidding procedure; (2) the number and frequency of tenders, and duration and value of contracts; (3) undertakings, competitors and market position; and (4) buyers and supply side substitutability.
The second part of a two part article on EC and UK case law on competition in bidding markets, examines Office of Fair Trading and Competition Commission decisions on: (1) the procedure, frequency and value of tenders; (2) undertakings, competitors and market position; and (3) buyers and supply side substitutability. Reflects on the characteristics of EC and UK practice described in the two parts.