This book examines infringements of competition law in public procurement settings, evaluating the latest European Procurement Directive 2014/24/EU to examine to what extent its provisions facilitate or deter collusion during specific award procedures.
Public contracts account for a significant proportion of EU expenditure. In sectors such as energy, transport, social protection and the provision of health or education services, public authorities are the main purchasers. It is important to ensure that public contracts are awarded in an open, fair and transparent manner that enables domestic and non-domestic firms to compete on an equal basis, with the aim of improving the quality and lowering the price of purchases made by public authorities. This book assesses the competition law enforcement mechanisms that competition regulators bring to the area of public procurement in the attempt to deter bid rigging. It analyzes key tools for the public and private enforcement of competition law in the domain of public contracts, such as the leniency programme, damages claims for bid rigging and the whistle blower programme. The book uses auction theory as benchmark to assess the risk of collusion in the context of procurement procedures and techniques. Offering a holistic analysis informed by research, it makes recommendations for better design, set up and management of public tenders without distorting competition. Highlighting the need to make use of competition law enforcement mechanisms in the battle against collusion in public procurement, it identifies ways in which the procurement process can be improved, to reduce and prevent bid rigging.
The book will be of interest to researchers in the field of competition law, public procurement and EU law.
Rezensionen / Stimmen
"Using auction theory as a benchmark to analyse the risks of big rigging and other forms of collusion in public procurement, this timely and well-researched and written book brings a fresh approach to this understudied, but very relevant area. Penelope Giosa does not just point out to the criticalities in the present EU directives but shows what should be done differently both in view of the forthcoming reform of the directives but also by enhancing the private enforcement of EU competition rules to safeguard the public purse."
Roberto Caranta, Professor in Administrative Law at the University of Turin, Italy.
"This monograph is a go-to resource for anyone interested in policies against bid rigging and the much-discussed interface between procurement and competition policies. Readers will find not only solid legal analysis but also practical recommendations. Penelope Giosa's research is impressive, and her message is clear: all stages of procurement, from planning to project delivery, are vulnerable to bid rigging, and procurement policy can, and should, be designed to counter this risk. I truly enjoyed reading the book and highly recommend it, with many congratulations to Penelope!"
Dr. Despina Pachnou, Organisation for Economic Co-operation and Development (OECD)
Reihe
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Postgraduate
Illustrationen
5 s/w Zeichnungen, 2 s/w Tabellen, 5 s/w Abbildungen
2 Tables, black and white; 5 Line drawings, black and white; 5 Illustrations, black and white
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 21 mm
Gewicht
ISBN-13
978-1-032-41839-1 (9781032418391)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Penelope Giosa is a Lecturer in Law at the University of Reading and an Associate Fellow of the Higher Education Academy. She is also a qualified lawyer (not currently practising law) in two countries, Greece and Cyprus and the Convenor of the SLS Comparative Law section. Her research interests extend to the fields of Competition Law, Public Contracts and Economic Crime. She also takes a particular interest in State Aid and the role of Food Law in sustainable development and addressing climate change.
List of Figures
List of Tables
Foreword
Acknowledgements
1. Introductory Chapter
2. The Significance of Bid Rigging, Its Rationale and the Factors Conducive to It through the Lens of Auction Theory
3. The Historical Background of EU Public Procurement Rules and the Role of Competition
4. Procurement Planning under Directive 2014/24/EU: Are Its Provisions Suitable for Preventing the Development of Bid Rigging?
5. Contracting Phase I: Are the Procedures under 2014/24/EU Directive the Most Effective Toolkit for Preventing Bid Rigging?
6. Contracting Phase II: Are the Procurement Techniques under 2014/24/EU Directive the Most Effective Toolkit for Preventing Bid Rigging?
7. Debarment, Self-Cleaning and Leniency: Friends or Foes?
8. Damages Claims for Bid Rigging in the EU
9. Whistle-Blower Programme: An Effective Mechanism to Deter Collusion and Boost the Enforcement of Competition Law in Public Procurement?
10. Concluding Chapter
Bibliography
Appendix 1
Appendix 2
Appendix 3
Index
