Competition Infringements and Procurement Blacklisting
Forthcoming, Competition Law Journal.
8 Pages Posted: 14 Dec 2016
Date Written: December 14, 2016
In this article I explore the rules for the blacklisting of competition infringers under relevant EU and UK public procurement law, including their interpretation by the European Court of Justice. I also consider the practical difficulties for their enforcement by procurement professionals in the UK and suggest additional roles that the Competition and Markets Authority (CMA) and Crown Commercial Service (CCS) could have in order to facilitate their effectiveness. Finally, I also stress the existence of a trade-off between a more active enforcement of procurement blacklisting rules and the attractiveness of the CMA’s leniency policy. By way of concluding remarks, I set out a blueprint for targeted policy reform. I submit that this should include the development of mechanisms for the provision of CMA support to procurement professionals that identify indicia of bid rigging, the development of a policy on the imposition of procurement blacklisting as a sanction for competition law infringers, and the creation of a UK-wide blacklisting register operated by CCS.
Keywords: competition law, infringement, public procurement, debarment, exclusion, blacklisting, policy reform
JEL Classification: H57, K21, K23, K42
Suggested Citation: Suggested Citation