LEGAL PRACTICE: COMPETITION LAW - PUBLIC PROCUREMENT - CALL FOR TENDER - ECONOMIC UNITY

The France AgriMer decision: Between hasty withdrawal from competition law and forced emancipation from public procurement law

The lastest France AgriMer decision of 25th November 2020 marked a significant change in the practice of the French Competition Authority regarding the submission of tenders by companies belonging to the same group. While this decision is hardly surprising, given the particularly strict case law of the Court of Justice of the european Union in this area, it nonetheless raises real difficulties for public purchasers both in the day-to-day management of such tenders and in maintaining effective competition during competitive tendering procedures. If public procurement law can not be assisted by competition law, then it must evolve rapidly in order to preserve the integrity of award procedures and thus prevent distortions of competition.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. In recent months, competition litigation relating to public procurement contracts has been particularly rich [1]. The Conseil d'Etat has clarified the various actions available to public entities that are victims of anti-competitive practices and their legal systems [2]. It has also established the umbrella effect on prices in the context of compensation litigation for victims of anti-competitive behaviour [3]. Such case law developments naturally have the effect of accelerating the approximation between public procurement law and competition law with the implementation of Directive 2014/104/EU [4]. At the same time, they consolidate the

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  • University of Paris I Panthéon-Sorbonne

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Vincent Bridoux, The France AgriMer decision: Between hasty withdrawal from competition law and forced emancipation from public procurement law, May 2021, Concurrences N° 2-2021, Art. N° 99694, www.concurrences.com

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