INTERNATIONAL: INDIA - PUBLIC PROCUREMENT - BID RIGGING - COMPETITION LAW ENFORCEMENT

India: Bid rigging and competition law

The importance of public procurement in the Indian economy is undeniable and great strides have been made over the last decade to build an effective procurement regime consonant with best global practice. Bid rigging is thought to be endemic in India and effective competition law and enforcement is a critical weapon in the public procurement armoury. With the Competition Act, 2002 in effect since May 2011, the country has stepped up to the legislative mark, and the Competition Commission of India has been very active in the field.

This article looks at how bid rigging is addressed in Indian competition law and practice, with the focus on enforcement.

[1] I. Introduction 1. Public spending on goods and services in India constitutes a significant percentage of GDP. In some areas of public activity—such as defence, railways and telecommunications—50% of spending is devoted to procurement. [2] Its importance in the Indian economy is therefore undeniable. [3] 2. Public contracts should be contested for and won on the basis of competitive bidding, since the procuring body shmould thereby get the best value for money, whether in terms of the lowest possible price or, in more complex procurements, a combination of price and other value-added factors. [4] A properly designed and implemented procurement regime—with open, non-discriminatory and competitive tendering procedures, as well as mechanisms to counter the twin scourges of corruption

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Shardul Amarchand Mangaldas (New Delhi)

Quotation

John Handoll, India: Bid rigging and competition law, May 2015, Concurrences Review N° 2-2015, Art. N° 72436, pp. 218-224

Visites 421

All reviews