Keywords
tender collusion, “bid rigging”, Article 305 of the Criminal Code, public procurements, circumstantial evidence, ne bis in idem, innocent until proven guilty
Abstract
The purpose of this article is to compare the scope of the application of criminal law, competition law and public procurements law in protecting the procuring party against tender collusions. The article discusses the different types of tender collusions as well as “bid rigging”, it indicates which of them may be examined under the provisions of each legal branch, and presents potential sanctions to business entities and natural persons. Addressed also are procedural aspects of the issue, in particular the type of evidence which can be used and the standard of proof in proceedings based on circumstantial evidence. The article continues on to describe the issue of potential liability for tender collusion of persons holding an executive position and assesses it in the light of the ne bis in idem principle.
Recommended Citation
Minkiewicz, M. (2015). Protection of the procuring party against tender collusions in Polish criminal, antitrust and public procurements law. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 4(4), 19-38. Retrieved from https://press.wz.uw.edu.pl/ikar/vol4/iss4/2
First Page
19
Last Page
38
Page Count
19
Publisher
University of Warsaw
