The Exclusion of Participants from the Award Procedure for Reasons Linked to Competition Distortion

24 Pages Posted: 26 Jun 2019

See all articles by Adriana Almasan

Adriana Almasan

Faculty of Law, University of Bucharest

Andreea Asavei

LLM, University of Bucharest, Faculty of Law, Bucharest Bar Association

Date Written: December 28, 2018

Abstract

Bid-rigging represents a real concern in the present socio-economic context, not only in Romania, but also in other European Union Member States. Thus, Directive 2014/24/EU on public procurement (transposed by Law nr. 98/2016) is issued from the EU legislator’s effort to regulate, through public procurement legislation, the stringent problems regarding private corruption, problems that the Court of Justice of the European Union was concerned with. Thus, Directive 2014/14/EU incorporates the solutions of the European Court which has traced the principles for settling certain problems regarding public procurement and competition distortion by participants, solutions which should be respected also by the Romanian courts called upon to interpret and to apply Law nr. 98/2016 in a pan-European spirit.

Keywords: directive nr. 2014/24, private corruption, bid-rigging by distorting competition, case-law of the Court of Justice of the European Union

Suggested Citation

Almasan, Adriana and Asavei, Andreea, The Exclusion of Participants from the Award Procedure for Reasons Linked to Competition Distortion (December 28, 2018). Available at SSRN: https://ssrn.com/abstract=3307472 or http://dx.doi.org/10.2139/ssrn.3307472

Adriana Almasan (Contact Author)

Faculty of Law, University of Bucharest ( email )

Bd. M. Kogălniceanu, 36-46, sect. 5
Mihail Kogalniceanu Blvd
Bucharest, RI 050107
Romania

Andreea Asavei

LLM, University of Bucharest, Faculty of Law, Bucharest Bar Association ( email )

Bd. M. Kogălniceanu, 36-46, sect. 5
Mihail Kogalniceanu Blvd
Bucharest, RI 050107
Romania

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