| Abstract [eng] |
Participation of Related Enterprises in Public Procurement: Competition Law Problems Participation of related enterprises in public procurement: competition law problems is the theme analysed in this work. Analysing this theme, first of all, the relationship between public procurement law and competition law were discussed. It was cleared up why is it important to ensure fair competition in public procurement procedure. The most common competition law infringements in public procurement procedure and the damage caused by it were also discussed in this work. Furthermore, the conception of affiliated companies as they are understood in public procurement law were analysed while answering the question whether connected companies are considered as single economic unit or in any case could be considered as competitors. Then the legal basis allowing connected companies participation in the same procurement procedure was discussed. Moreover, the evaluation of competition infringements in public procurement procedure done by affiliated companies from both competition law and public procurement law point of views were made. While evaluating this problem from competition law point of view the cases of Lithuania’s competition council there analysed and compered to one another. Meanwhile discussing this problem from public procurement point of view the ECJ and Lithuania’s national courts cases there analysed. Germany’s and Poland’s regulation and legal doctrines point of view on competition problems caused by connected companies participating in the same public procurement procedure were also discussed and possible solutions of these problems there also analysed in this work. Finally, the new grounds of exclusion from public procurement procedure given in directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC and the new Lithuania’s public procurement act were analysed. The question how could they be adjusted in solving competition problems caused by affiliated companies participating in the same public procurement procedure and whether they would be effective was attempted to be answered. |
