Articles

ANTITRUST AND PUBLIC TENDERS: IS THIS A NEW CHALLENGE?


Abstract


This article analyses the interest shown by competition authorities in fighting bid-rigging cases, with the aim of illustrating – both at Italian and European level – the current common trends and whether competition authorities adopt specific measures to expand their enforcement against bid-rigging infringements. The article also focuses on the particular approach of the Italian Competition Authority, which recently analysed numerous bid-rigging cases involving omissive conduct (i.e., in which competitors agreed not to submit a bid) and adopted specific criteria to calculate fines when collusive conduct is alleged to have occurred in a public tender. Finally, the article provides a conclusive assessment of how to work towards a more uniform approach in fighting bid-rigging cases to strengthen public enforcement and avoid unnecessary proportionality distortions and violations of the equal treatment principle when quantifying fines.

Keywords


Bid-rigging; Tender; Quantification of fines; Procurement; Enforcement

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DOI: http://dx.doi.org/10.12870/iar-12855

References






Rivista Italiana Antitrust / Italian Antitrust Review
ISSN: 2284-3272

Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013