The Hungarian Parliament adopts the new Public Procurement Act (Act CXLIII)

The new Hungarian Public Procurement Act (PPA) applicable from 1 November 2015 brings fundamental changes by introducing automatic mandatory debarment from public procurement tenders as a consequence of any violation of Art. 101 TFEU or its national equivalents. This is a major change compared to the previous regime where only hard-core bid-rigging cartels could result in exclusion, and only upon the discretion of the contracting entity (i.e. not automatically). 1. The grounds for automatic disqualification The new Public Procurement Act provides for three grounds resulting in automatic debarment: First, a company will face a three year long automatic disqualification if fined by competition authorities for any type of restrictive agreement (Art. 101 TFEU or its national

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Márton Horányi, The Hungarian Parliament adopts the new Public Procurement Act (Act CXLIII), 1 November 2015, e-Competitions Bulletin Economic assessment of damages, Art. N° 76846

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