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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

EC Notice on How to Tackle Collusion in Public Procurement: journal article

A Step Forward or a Stall for Time?

Wojciech Hartung, Katarzyna Kuźma

European Procurement & Public Private Partnership Law Review, Volume 16 (2021), Issue 2, Page 110 - 124

This article analyses the European Commission (EC) Notice on tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground of 15 March 2021. The grounds and rules for the exclusion of contractors from participation in public procurement procedures adopted in the 2014 Directives raise many interpretation questions of the contracting authorities and contractors on the one hand and the bodies adjudicating on public procurement in EU Member States on the other hand. One of them is the ground referred to in Article 57(4)(d) of Directive 2014/24/EU. Its correct application in practice should contribute considerably to fighting collusive practices in public procurement. It seemed that the long-awaited EC guidance concerning the said exclusion ground will help answer questions of the market and thus contribute to increased legal certainty upon its application. However, this was not the case. Keywords: collusion; EC Notice; exclusion ground; sufficiently plausible indications; contracting authority

Competition in the Competitor: Collusion in Public Procurement Procedures and Insurance Syndicates journal article

Annotation on the Judgment of the Court of Justice of the European Union (Sixth Chamber) of 8 February 2018 in Case C-144/17 Lloyd’s of London v Agenzia Regionale per la Protezione dell’Ambiente della Calabria.

Giuseppe Bitti

European Procurement & Public Private Partnership Law Review, Volume 14 (2019), Issue 2, Page 129 - 133

The Case deals with the exclusion from procurement procedures of tenderers which are part of the same association, due to possible collusions among them. The Court of Justice of the European Union was asked whether national legislation which foresees additional exclusion grounds, forbidding undertakings which are part of the same associative or corporate structure from participating in tendering procedures through a common proxy, complies with EU law. The Court clarified the issue, and confirmed that the general principles of equal treatment, transparency and non-discrimination allow national legislation to foresee further grounds for exclusion, in addition to those mentioned by Directive 2004/18. Such legislation shall nonetheless comply with and be interpreted according to the equally important principle of proportionality.

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