CASE COMMENT: PUBLIC SECTOR - LESS THAN FAIR VALUE PRICE - PUBLIC PROCUREMENT - NOTION OF CONSUMER - LOCAL AUTHORITIES

Public procurement : The French Competition Authority issues a decision on public procurement and less than fair value prices (Travaux de voirie et d’entretien routier en région Rhône-Alpes)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Const. dec. no. 09-D-20 of 11 June 2009 on the situation of competition in the road and road maintenance sector in the Rhône-Alpes Region By this decision to dismiss the case, the Competition Authority points out that the provisions of Article L. 420-5 of the Commercial Code relating to abusively low prices are not applicable to public procurement procedures. It is thus in line with the Competition Council's decision-making practice. The company Moulin TP denounced a series of anti-competitive practices allegedly committed during the award of public works contracts by the departments and certain communes of the Rhône-Alpes region. It accused the local

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  • Strasbourg Institute of Political Sciences

Quotation

Jean-Philippe Kovar, Public procurement : The French Competition Authority issues a decision on public procurement and less than fair value prices (Travaux de voirie et d’entretien routier en région Rhône-Alpes), 11 June 2009, Concurrences N° 3-2009, Art. N° 27917, pp. 152-154

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