MVA ASOCIADOS. Montalvo Villaseñor Abril

Can infringement of competition rules prevent from participating in public procurement tenders?

Undoubtedly, public procurement rules are settled on principles mainly aimed to provide a scenario of fair competition (enhancing transparency and equality), and Directives on the subject clearly state it. Additionally, the Treaty on the Functioning of European Union clearly sets forth the prohibition of any conduct aimed to distort or restrict competition. Nevertheless, many companies participating in public tenders might not be aware of the strong repercussions that infringing competition law may cause on its public procurement strategies. In fact, it might prevent them from participating in public procurement tenders for a long period of time.

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