CASE COMMENT : FRENCH CASE LAW - PUBLIC SECTOR - NATIONAL CASE LAW - PUBLIC PROCUREMENT AND DEFENSE OF COMPETITION

Public procurement: The Council of State rules that it may impose a compensation to enterprises whose agreement have misled the adjudicatory power (Campenon Bernard)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CE, 19 December 2007, Société Campenon Bernard e.a., no. 268918 While competition law aims to protect the free functioning of the market, the logic of public procurement traditionally aims to pursue the general interest through "equality before public procurement, the protection of public property and the proper use of public funds", enshrined as constitutional requirements (Cons. const., 2003-473 DC of 26 June 2003, law empowering the government to simplify the law). Under these circumstances, one might have thought that the two regimes were distinct. Apparently, they are only intermittently linked, notably through the principle of equal access to public

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Bertrand du Marais, Parfait Houédanou, Public procurement: The Council of State rules that it may impose a compensation to enterprises whose agreement have misled the adjudicatory power (Campenon Bernard), 19 December 2007, Concurrences N° 2-2008, Art. N° 16702, pp. 181-182

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