Contracting Authorities Inability to Fight Bid Rigging in Public Procurement: Reasons and Remedies

Posted by Social Science Research Network

Contracting Authorities Inability to Fight Bid Rigging in Public Procurement: Reasons and Remedies –  Antonio Lopez Mino (Competition Authority of Galicia-Spain) & Patricia Valcarcel Fernandez (University of Vigo)

Abstract: On a functional basis, contracting authorities possess a twofold public-private nature. As State prominent parts, mostly Administrations, they are public bodies, holding prerogatives and acting as Regulators to ensure that the contracting activity complies with public contracting laws and procedures. But by appealing to the market to purchase goods and services, those authorities are also economic operators and act as any firm. It is in this very concept of clients or customers of an economic activity that they are bound up to fulfill the Competition law requirements.