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Combating Collusion In Public Procurement
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Book Synopsis Combating Collusion in Public Procurement by : Katarzyna Kuźma
Download or read book Combating Collusion in Public Procurement written by Katarzyna Kuźma and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.
Book Synopsis Combatting Corruption and Collusion in Public Procurement by : Robert D. Anderson
Download or read book Combatting Corruption and Collusion in Public Procurement written by Robert D. Anderson and published by Oxford University Press. This book was released on 2024-03-06 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.
Book Synopsis Prevention and Deterrence of Bid Rigging by : Albert Sanchez-Graells
Download or read book Prevention and Deterrence of Bid Rigging written by Albert Sanchez-Graells and published by . This book was released on 2015 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance of preventing and deterring instances of bidders' collusion or bid rigging in public procurement has gained notorious attention in recent years, both due to the evident pressure on the public buyer to maximise value for money in times of crisis, and to the increased efforts and advocacy papers published by international organisations such as the OECD. Developing effective tools to prevent and deter collusion in public procurement can generate very relevant savings for the public purse and boost expenditure capabilities, as well as make a significant contribution to the promotion of effective market competition in sectors where procurement accumulates a significant volume of total purchases -- to the indirect benefit of private buyers of the same or similar goods or services.This paper describes the current situation, where bid rigging seems pervasive in public-buyer dominated industries (at least in the European Union) and then focuses on some of the instruments and provisions designed to prevent and deter bid rigging that have been included in the new Directive 2014/24 on public procurement (replacing current Directive 2004/18). The paper particularly focuses on the issues of contract division into lots and the rules controlling disqualification, suspension and debarment of competition law infringers, as two of the main tools that could effectively help prevent and deter collusion in the public procurement setting.
Book Synopsis Preventing Collusion in Procurement by : Giancarlo Spagnolo
Download or read book Preventing Collusion in Procurement written by Giancarlo Spagnolo and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In softening price competition at the tendering stage, a bidding ring may jeopardize the buyer's effort to award a procurement contract at her most advantageous economic conditions. By exploiting the similarities between oligopolistic and procurement markets, we discuss how structural conditions of the procurement market such as the presence of barriers to entry, demand fluctuations, frequency of interactions among suppliers and market transparency affect the sustainability of collusive agreements among participants in a tendering process. We then evaluate the extent to which some aspects of the tendering design such as the choice of tendering format, and in particular of the scoring rule, the constraints on bidding consortia and subcontracting may enhance price competition and limit the risk of successful bid-rigging. We also review one case of "suspected" coordinated bidding in the procurement market for a pharmaceutical product in Italy, and provide a detailed account of the collusive agreement put in place by a cartel in the "Lunch Coupon" market, also in Italy, that was uncovered and convicted by the Italian Antitrust Authority.
Book Synopsis Cartels, Competition and Public Procurement by : Stefan Weishaar
Download or read book Cartels, Competition and Public Procurement written by Stefan Weishaar and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis volume is long overdue. Integrated legal and economic analysis of competition law is crucial given the nature of the sector. However to carry this off successfully, one either needs intensive editorial work to bring different teams together; or one has to rely on the few who master both economic and legal analysis to a tee. Stefan WeishaarÕs analysis not only looks at a stubborn issue in competition law. He does so in three jurisdictions, in detailed yet clear fashion, with clear insight and ditto conclusions. Over and above its relevance to academic analysis, this book can go straight into competition authoritiesÕ decision making, and therefore also in compliance and remediation advice.Õ Ð Geert Van Calster, University of Leuven, Belgium Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies. Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement Ð which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions Ð the European Union, China and Japan Ð and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken. Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.
Book Synopsis Bribery in Public Procurement Methods, Actors and Counter-Measures by : OECD
Download or read book Bribery in Public Procurement Methods, Actors and Counter-Measures written by OECD and published by OECD Publishing. This book was released on 2007-05-21 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground-breaking report that throws new light on the shadowy mechanisms and patterns of bribery in public procurement, and offers insider expertise that governments and international organisations can use to improve their anti-corruption policies.
Book Synopsis Fighting Corruption and Promoting Integrity in Public Procurement by : OECD
Download or read book Fighting Corruption and Promoting Integrity in Public Procurement written by OECD and published by OECD Publishing. This book was released on 2005-12-07 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises papers presented at the OECD Global Forum on Governance: Fighting Corruption and Promoting Integrity in Public Procurement held in Paris in November 2004.
Book Synopsis Integrity and Efficiency in Sustainable Public Contracts by : Gabriella M. Racca
Download or read book Integrity and Efficiency in Sustainable Public Contracts written by Gabriella M. Racca and published by Emile Bruylant. This book was released on 2014 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring efficiency and integrity throughout the public procurement cycle is essential to a sound allocation of taxpayers' money. Yet public contracts are plagued by corruption, collusion, favoritism and conflicts of interest. This book addresses these problems from sophisticated, academic, institutional and practical perspectives. The book's ambition is to shape the public debate in the procurement community by highlighting how corruption implies violations of fundamental rights and undermines the fiduciary relationship between citizens and public institutions. The analysis underlines how corruption may stem from - and yet be resolved - through the exercise of discretion in the public procurement system. Focusing on the effects of public corruption and private collusion on procurement integrity, the book marks the features of misconduct and suggests needed counter-measures. The work also emphasizes that the pursuit of efficiency and integrity in public contracts must be rooted in professional skills, and in ethical regulations and training for public officers. The research reflected in these pieces cornes from sources around the world, and offers an excellent foundation for further development of these topics. Expanding on prior research, this volume builds on a more active transnational academic cooperation and exchanges of ideas on integrity in public contracts for the benefit of citizens.
Book Synopsis Detecting, Mitigating & Fighting Bid Rigging in Public Procurement by : Barbados . Fair Trading Commission
Download or read book Detecting, Mitigating & Fighting Bid Rigging in Public Procurement written by Barbados . Fair Trading Commission and published by . This book was released on 2000* with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Public Procurement and Multilateral Development Banks by : Sope Williams-Elegbe
Download or read book Public Procurement and Multilateral Development Banks written by Sope Williams-Elegbe and published by Bloomsbury Publishing. This book was released on 2017-03-23 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The multilateral development banks cumulatively channel billions of dollars annually in development assistance to borrower countries. This finance is usually spent through processes that incorporate the public procurement regulations of the banks and it is often a condition of this finance that the funds must be spent using the procurement regulations of the lender institution. This book examines the issues and challenges raised by procurement regulation in the multilateral development banks. The book examines the history of procurement regulation in the banks; the tripartite relationship created between the banks, borrowers and contractors in funded procurements; the procurement documents and procurement cycle; as well as how the banks ensure competition and value for money in funded procurements. The book also examines the banks' approach to sustainability concerns in public procurement such as environmental, social or industrial concerns; as well as how the banks address the issue of corruption and fraud in funded contracts. Another issue that is addressed by this book is how the banks have implemented the aid effectiveness agenda. It will be seen that the development banks have undertaken steps to harmonise their policies and practices, increased borrower procurement capacity, taken steps to reduce the tying of aid, and play an important role in the reform of borrower procurement systems, all in an effort to improve the effectiveness of development finance. The book also considers the contractual and other remedies that are available to parties that may be aggrieved as a result of a funded procurement. The book analyses, compares and contrasts the legal, practical and institutional approaches to procurement regulation in the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank and the European Bank for Reconstruction and Development.
Book Synopsis The Internationalization of Government Procurement Regulation by : Aris Georgopoulos
Download or read book The Internationalization of Government Procurement Regulation written by Aris Georgopoulos and published by Oxford University Press. This book was released on 2017 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how international norms for government procurement are reflected in purchasing practices at the national level and whether there is convergence in policies and approaches across countries.
Book Synopsis Fighting Corruption in Public Procurement by : Sope Williams-Elegbe
Download or read book Fighting Corruption in Public Procurement written by Sope Williams-Elegbe and published by Bloomsbury Publishing. This book was released on 2012-11-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.
Book Synopsis OECD Public Governance Reviews Integrity Review of Public Procurement in Quebec, Canada A Strategic Approach to Corruption Risks by : OECD
Download or read book OECD Public Governance Reviews Integrity Review of Public Procurement in Quebec, Canada A Strategic Approach to Corruption Risks written by OECD and published by OECD Publishing. This book was released on 2020-10-08 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report analyses the progress made in implementing the recommendations of the Charbonneau Commission and benchmarks these measures against good practices in OECD countries.
Book Synopsis Public Procurement and the EU Competition Rules by : Albert Sánchez Graells
Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2011-01-29 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the 2012 Prix Vogel in Economic Law. Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This new work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. In this process of convergence between competition and public procurement law , the need for this joint study is clearly apparent. As such the book asks whether competition law principles inform or condition public procurement rules, and whether they are adequate to ensure that competition is not distorted in markets where public procurement is particularly significant. The book moves away from the classical focus of public procurement on the activities of private actors, developing instead an analytical framework for the appraisal of the market behaviour of the public buyer from a competition perspective. The analysis is both legal and economic. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of the rules in competition and public procurement against a standard of the proper functioning of undistorted competition in the market for public procurement.
Book Synopsis European Public Procurement by : Caranta, Roberto
Download or read book European Public Procurement written by Caranta, Roberto and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed Commentary provides an authoritative interpretation of each provision in the main EU Directive on public procurement - Directive 2014/24/EU, and is rich in its critical analysis of the provisions of the 2014 Directive and the case-law. The Commentary also highlights the application problems and interpretative issues being raised in EU Member States, which in due time will make their way up to the CJEU or even require further legislative interventions.
Book Synopsis Handbook for State Procurement Officials on Impediments to Competitive Bidding, how to Detect and Combat Them by : National Association of Attorneys General. Antitrust Committee
Download or read book Handbook for State Procurement Officials on Impediments to Competitive Bidding, how to Detect and Combat Them written by National Association of Attorneys General. Antitrust Committee and published by . This book was released on 1963 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis OECD Principles for Integrity in Public Procurement by : OECD
Download or read book OECD Principles for Integrity in Public Procurement written by OECD and published by OECD Publishing. This book was released on 2009-03-24 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Principles for Integrity in Public Procurement are a ground-breaking instrument that promotes good governance in the entire procurement cycle, from needs assessment to contract management.
