Monday, November 19, 2018

Competition and Public Procurement

Albert Sanchez-Graells provides thoughts on Competition and Public Procurement.

ABSTRACT: The developments discussed in this survey article show that the interaction between competition and public procurement law keeps getting stronger. The survey relies on examples from EU jurisdictions to show that competition authorities clearly target instances of bid rigging as one of their top enforcement priorities. However, the quashing of some of these decisions in judicial review in Sweden also shows the need for refined bid rigging analysis, as some national courts are unwilling to accept the categorisation of bid rigging as an anticompetitive agreement ‘by object’ (II). The article also reports on how the UK’s competition authority has sought to develop screening algorithms to facilitate the detection of collusive practices by...

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