We are pleased to announce that our Of-Counsel attorney, Mr. George Danopoulos, has published his latest article, titled “Unfair Collusions in Public Procurement,” in the esteemed journal “Theory & Practice of Administrative Law” by Nomiki Bibliothiki.
In this insightful analysis, Mr. Danopoulos addresses the critical issue of unfair collusions in public procurement, focusing on the participation of connected companies in the same tender process.
Relying on the European Commission’s 2021/C91/01 Notice and key rulings from the Court of Justice of the European Union, the article emphasizes the importance of safeguarding fundamental principles such
as equality, transparency, and competition in public contracts.
The article highlights that, under EU directives and case law, connected companies cannot be automatically excluded from tenders as long as they can demonstrate independence and adherence to fair practices. While concerns about collusion may arise when connected companies participate in the same tender, EU law prohibits automatic disqualification based solely on presumed coordination.
Such exclusion is unwarranted unless their relationship compromises the independence of their bids.
Moreover, Mr. Danopoulos underscores that the Court of Justice of the European Union does not impose a general obligation on connected companies to disclose their relationship to the contracting authority during the tender process unless explicitly required by legislation or the tender notice. Consequently, their bids must be presumed compliant with European law unless proven otherwise.
This detailed analysis may appeal to legal professionals and procurement experts seeking insights into the intricate relationship between competition law and public procurement.
To access the full article, please refer to the document linked below.
