The Case for Reforming the Rules on Contracting Authority Damages Claims for Bid Rigging in the EU

Public Procurement Law Review, Vol. 27, No. 6, 12.2018, p. 235 -250

16 Pages Posted: 11 May 2020

See all articles by Penelope Giosa

Penelope Giosa

University of Portsmouth - School of Law

Date Written: December 2018

Abstract

This paper investigates the reasons why contracting authorities are discouraged from lodging actions for damages against tenderers engaged in bid rigging and other collusive practices and whether the new EU Damages Directive has managed to overcome these problems and bring advantages over the longstanding damages claims based on tort law. It will be suggested that the steps that the new EU Damages Directive has taken are not adequate to boost the number of actions for damages initiated by public contracting authorities. The paper therefore makes a number of recommendations and explores whether there are alternative remedies to the standard tort law litigation, which would enable contracting authorities to access compensation more easily.

Keywords: Cartels, Collusive tendering, Damages, EU law, Germany Private enforcement, Public procurement procedures,Torts

Suggested Citation

Giosa, Penelope, The Case for Reforming the Rules on Contracting Authority Damages Claims for Bid Rigging in the EU (December 2018). Public Procurement Law Review, Vol. 27, No. 6, 12.2018, p. 235 -250, Available at SSRN: https://ssrn.com/abstract=3576966

Penelope Giosa (Contact Author)

University of Portsmouth - School of Law ( email )

Richmond Building
Portsmouth, Hampshire PO1 3DE
United Kingdom

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