| Abstract [eng] |
Suppliers Fair Competition: Affiliates’ Participation in Public Procurement Due to specific structure of market in public procurement there are more and more cases when proposals are being submitted by related companies which cause an unfair process and results of public procurement procedure. In this case everyone is being harmed: contracting authorities, suppliers and consumers as well, whereas their losses become unfair suppliers’ profit. In response, the decision of modernization of public procurement system was being made and the new Directive 2014/24/ES on public procurement replacing the earlier directive 2004/18/EB was being adopted. Measures consolidated in the Directive are aimed to ensure unrestrained competition of suppliers and in this way to increase effectiveness of public finance, both clarity and efficiency of public procurement procedures. In both Directive and Law on Public Procurement (which process of transfer to national law had expired on 18th of April, 2016) the principle of fair and undistorted competition widely recognized and applicable in the courts’ practise was being consolidated. This particular principle enables both the contracting authorities and courts to use common competition law‘s requirements when dealing with unfair competition problems in the field of public procurement. Nevertheless, it remains unclear, how these independent law systems interact with each other and how collisions between public procurement and competition law should be tackled. There are more questions on how unfair suppliers should be assessed as well as how to qualify their anti-competitive conduct in the tendering procedure. Addressing these problems, interaction between competition and public procurement law as well as problems of their compatibility is the object of this thesis. Moreover, this thesis also focuses on assessment of the impact of outside interest’s conflict for fair competition of suppliers and its effect on the legitimacy of public procurement procedure. Furthermore, there is an examination of prevention of anti-competitive acts and control measures which allows effectively dealing with unfair competition in the field of public procurement. |
