When a parent company and its non-autonomous subsidiary file two separate bids in a public procurement, is it appropriate to apply article 420-1 of the Commerce code and/or article 101 of the TFEU if collusion has occurred? According to the French jurisdictions and the French Competition Authority, the answer should be positive. However, the authors of this paper believe that competition law might not be the most appropriate to deal with those issues. Another rule, specific to public procurement law, could be considered.
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1. 120 billion in 2010, i.e. approximately 10% of GDP, public procurement represents not only a significant share of public spending but also an important lever at the disposal of public authorities to act on the growth of businesses. It is therefore crucial to ensure its efficiency and to ensure "the right use of public money" . To this end, public procurement law requires public purchasers to respect the principles of transparency, freedom of access to public procurement and equal treatment of candidates.
2. However, these specific rules alone do not - on their own - guarantee the effectiveness of public procurement. The obligations on the contracting