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Bidding Consortia: Critical Assessment of the Revised Horizontal Guidelines journal article

Penelope Giosa

European Procurement & Public Private Partnership Law Review, Volume 18 (2023), Issue 3, Page 185 - 194

Bidding consortia may be very beneficial to the public sector, but at the same time they can serve as bid rigging devices to eliminate competition. This article discusses illustrative European cases involving consortia or cooperative joint ventures between undertakings taking part in a public procurement procedure. It looks at the European Commission’s Revised Guidelines for the assessment of horizontal co-operation agreements 2022, considering whether they clarified how economic operators can submit joint tenders without infringing EU competition law. Keywords: bid rigging; collusion; joint bidding; bidding consortia; horizontal guidelines


The Development and Critical Junctures of EU Public Procurement Rules Vis-à-Vis the Prevention of Bid Rigging journal article

Penelope Giosa

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 1, Page 39 - 51

This article argues that the prevention of bid rigging has not been factored into the policy design of the EU Public Procurement Rules in a systematic and consistent way. As it will be shown, the critical junctures of EU Public Procurement Rules did not emerge alongside the anti-cartel legislation in Europe, but entirely independently of the latter. As a result, the current European Public Sector Directive 2014/24/EU is not adequately collusion proof and there is still a long way to go. Keywords: bid rigging; collusion; EU Procurement Directives; competition; transparency

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