The French Competition Authority announces an amendment on its decision-making practice concerning responses to calls for tenders by subsidiaries of the same group and stops considering it unlawful (Ovimpex / Dhumeaux / Mondial Viande Service / Vianov)

French Competition Authority amends its decision-making practice in relation to responses to calls for tenders by subsidiaries of the same group* On 25 November 2020, the French Competition Authority (FCA) announced that it was amending its decision-making practice regarding responses to calls for tenders by subsidiaries of the same group. Up until now, the FCA considered that it was unlawful for subsidiaries of the same group to submit separate tenders in the same public procurement procedure when those bids appear to be separate and independent but have in fact been coordinated, without notifying the contracting authority. This is not the case anymore. The FCA’s change of practice follows a 2018 judgment from the European Court of Justice reaching an opposite conclusion.

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  • Latham & Watkins (Brussels)
  • Latham & Watkins (Brussels)

Quotation

Adrien Giraud, Pierre Bichet, The French Competition Authority announces an amendment on its decision-making practice concerning responses to calls for tenders by subsidiaries of the same group and stops considering it unlawful (Ovimpex / Dhumeaux / Mondial Viande Service / Vianov), 25 November 2020, e-Competitions Exchange of information in associations of undertakings, Art. N° 98319

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