The EU Court of Justice confirms that related undertakings are not obliged to disclose links between them to the public contracting authority and that they can submit non-concerted offers to the same bid (Šiauliai)

In a preliminary ruling dated 17 May 2018, the European Court of Justice (“ECJ”) considered that related companies are not obliged to disclose links between them when submitting separate offers for public procurement contracts. However, the contracting authority will be obliged to verify that their offers are autonomous and independent when this is called into question. I. Introduction and facts In July 2015, the centre for waste management for the region of Šiauliai announced a public call for tenders for the provision of services relating to the collection of communal waste of the municipal authority of Šiauliai as well as its transportation to the place of treatment. Four offers were submitted by tenderers, two of them being subsidiaries of the same parent company. These

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Carlos Vérgez Muñoz, The EU Court of Justice confirms that related undertakings are not obliged to disclose links between them to the public contracting authority and that they can submit non-concerted offers to the same bid (Šiauliai), 17 May 2018, e-Competitions May 2018, Art. N° 87345

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