This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.
Key features include:
- a detailed overview of the EU and EFTA case-law relating to consortia agreements and associated competition rules
- application of the single economic unit doctrine in public procurement to the question of liability for participating in bid rigging
- a clear explanation of how the grounds for exclusion referred to in Article 57(4)(d) of Directive 2014/24/EU apply to third parties and subcontractors
- guidance on the interpretation of the regulations in relation to the exclusion of a contractor from public procurement proceedings
- information on self-cleaning activities which contractors can engage in in order to prevent exclusion.
Combating Collusion in Public Procurement will prove an invaluable resource for legal practitioners, courts and review bodies dealing with public procurement and competition cases. The information provided on the current legislation ensures contractors, contracting authorities and antitrust authorities will also benefit from this book, together with researchers interested in the field.
