Keywords
consortium bidding, collusive tendering, anit-competitive agreements, cartels, tender
Abstract
The article presents some problematic issues due to the assessment of consortium bidding in the view of the Polish Competition Act. Competition law does not forbid consortium bids. Consortium bids can often be organised in a way that complies with competition law. The paper show that consortium bidding may give rise to competition concerns when one consortium member or a subset of the consortium members could fulfil the requirements of the tender competition or the contract on its own. The next part focus to identify the pro-competitive benefits that result from joint bidding and assess whether those pro-competitive benefits outweigh any anti-competitive effects.
Recommended Citation
Salitra, M. (2015). If you can’t beat them, join them lawfully – consortium bidding in the view of the Polish Competition Act. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 4(8), 53-75. Retrieved from https://press.wz.uw.edu.pl/ikar/vol4/iss8/4
First Page
53
Last Page
75
Page Count
22
Publisher
University of Warsaw
