This set of two papers is derived from the training session on the exchange of information organized by the Concurrences Review that has held on April 3, 2013 in Paris. In the first contribution, Sabine Naugès and Severine Rissier, lawyers at Mc Dermott Will & Emery, compare and contrast the position of administrative courts and that of the competition authorities regarding the communication of informationin light of their decisions relating to public procurement. It aims to provide a list of cases where the communication of information between a public body and one or more economic operators has been considered as pro-competition. This study, based on a case-by-case analysis of these decisions, highlights several situations which have not already been ruled upon by the authorities, as well as continued consideration of public interest policy in identifying communication of information which is pro-competition. In the second contribution, David Sevy provide us with the point of view of an economist.
Access to this article is restricted to subscribers
Already Subscribed? Sign-in