The French Competition Authority amends its decision-making practice in the field of public procurement to comply with the recent case law of the EU Court of Justice, making the administrative courts to be the only regulators thereof (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov)

Introduction On 25 November 2020, the French Competition Authority (hereafter, the “FCA”) amended its decision-making practice in the field of public procurement (FCA, Decision 20-D-19 of 25 November 2020), to comply with the recent judgement “Ecoservice Projektai” [1] of the European Court of Justice (hereafter, the “ECJ”). The facts of the case In 2013, four companies belonging to the same group (hereafter, the “Ovimpex group” or the “Group”) entered into an agreement to jointly draft bids to tenders while submitting those bids as separate and independent. All the awarded tenders were then dealt with together by the Group, regardless of which company actually won the bid. France AgriMer, a national public body purchasing agricultural and seafood products through tenders, complained to the

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Authors

  • Grall & Associés (Paris)
  • French Ministry of Economy and Finance (Paris)

Quotation

Paul Blin, Victor Chaptal, The French Competition Authority amends its decision-making practice in the field of public procurement to comply with the recent case law of the EU Court of Justice, making the administrative courts to be the only regulators thereof (Ovimpex group / Dhumeaux / Mondial Viande Service / Vianov), 25 November 2020, e-Competitions November 2020, Art. N° 100741

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