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The EU Court of Justice confirms its anti-formalistic approach to the exclusion of tenderers on grounds of prohibitions of multiple bidding (Lloyd’s of London)

INTERESTING CASE ON FUNCTIONAL APPROACH TO MULTIPLE BIDDING AND EXCLUSION OF TENDERERS (C-144/17)* its Judgment of 8 February 2018 in Lloyd's of London, C-144/17, EU:C:2018:78, the Court of Justice of the European Union (CJEU) confirmed its increasingly pro-competitive and anti-formalistic approach to the exclusion of tenderers on grounds of prohibitions of multiple bidding. The Court provided this clarification along functional lines that may anticipate the direction of its Judgment in Specializuotas transportas (C-531/16, see discussion of the Opinion of AG Campos here). In Lloyd's, the CJEU established that the 'principles of transparency, equal treatment and non-discrimination ... must be interpreted as meaning that they do not preclude legislation ... which does not allow two

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Albert Sánchez Graells, The EU Court of Justice confirms its anti-formalistic approach to the exclusion of tenderers on grounds of prohibitions of multiple bidding (Lloyd’s of London), 8 February 2018, e-Competitions Bulletin February 2018, Art. N° 88495

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