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Combating Collusion in Public Procurement

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Combating Collusion in Public Procurement

Legal Limitations on Joint Bidding

9781789904840 Edward Elgar Publishing
Katarzyna Kuźma, Partner and Wojciech Hartung PhD, Counsel, Domański Zakrzewski Palinka, Poland
Publication Date: October 2020 ISBN: 978 1 78990 484 0 Extent: c 352 pp
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.

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Critical Acclaim
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Contents
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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.
Critical Acclaim
‘This is the most comprehensive book currently available on the state of European Union law on this subject, it is a must have for the bookshelf of any lawyer dealing with competition law or public procurement law related to consortias or other kinds of cooperation among tenderers. I recommend this book without hesitation.’
– Jesper Fabricius, Partner and Attorney-at-Law, Accura, Denmark

‘This book considers the interplay between competition rules and public procurement in European Union law in the context of joint bidding for a public contract, and the potential distortion of competition, which may result in the exclusion of bidders from public procurement proceedings. A comprehensive look at this important matter, both from an academic and a professional point of view, was undoubtedly needed. Kuźma and Hartung have succeeded in giving a precise account of how the concept of discretionary exclusion grounds should be understood and how Article 57(4)(d) of Directive 2014/24/EU should be interpreted. This well-structured book is a must-read for everyone interested in competition and public procurement law.’
– Piotr Bogdanowicz, Warsaw University, Poland
Contributors
Contents
Contents: 1. Introduction 2. How Should The Concept Of Discretionary Grounds For Exclusion Be Understood? 3. Breach Of Competition Law As The Basis For Exclusion 4. Application Of The Single Economic Unit Doctrine For The Purposes Of Exclusion Grounds Based On Article 57(4)(D) Of Directive 2014/24/EU 5. Consortia In Public Procurement 6. Joint Bidding Using Structures Other Than A Consortium And Their Effect On Competition 7. Consortia And Subcontract Agreements As Part Of A Single And Continuous Infringement 8. Consequences Of Exclusion Based On Article 57(4)(D) Of Directive 2014/24/EU For Future Tender Procedures And Possible Measures For Avoiding Exclusion (Self-Cleaning) Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78990 485 7
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