Public Procurement Directive and Competition Law - Really United in Diversity?
COLLECTION OF PAPERS FROM THE INTERNATIONAL ACADEMIC CONFERENCE BRATISLAVA LEGAL FORUM 2015
9 Pages Posted: 27 Apr 2016
Date Written: October 2015
At first sight it seems that the European regulation of Public Procurement uncontestedly must pave a path for high level of competition across Europe. However detailed view on some features of the Directive on Public Procurement can show that they can weaken effectiveness of enforcement of competition law. Thus there is a question of such detailed regulation of public procurement is proportionate and necessary for achieving aims of the EU and if there is sufficient legal basis for it. The presentation will focus mainly on three problematic issues: participation of companies of the same economic group in public procurement procedure, disqualification for cartel infringement, attractiveness of leniency programme.
Keywords: competition law, public procurement, penalties, European law, cartels, bid rigging
JEL Classification: K21
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