Droit de la concurrence dans les contrats publics: Pratiques anticoncurrentielles, abus de position dominante, contrôles et sanctions

Christophe Cabanes, Benoît Neveu

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to catherine.prieto@univ-paris1.fr for review in this section.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.

Subject to competitive bidding requirements, the award of most public contracts must lead to genuine competition between the tendering companies. The consultations organized by the contracting public entities are therefore relevant economic markets that the competent authorities and courts endeavor to preserve by preventing and punishing both the anti-competitive practices that may affect them (cartels, abuse of dominant positions, etc.) and, more broadly, all other acts that are contrary to the expression of genuine competition (illegal administrative decisions, criminal offences relating to the awarding of contracts, etc.)

The purpose of this book is to provide an in-depth analysis of the subject, with particular attention to the decisions rendered by the competent authorities and courts and to the methods and reasoning used. This book also aims to show that anti-competitive practices and acts in the field of public contracts are not the business of a single national or European competition judge, but rather that of a plurality of judges. The action of the administrative judge, responsible for applying competition law as part of the legality of public contracts, has become remarkably effective in recent years. In addition, the criminal court and the financial court also have to deal with anti-competitive behaviour linked to the award of public contracts. The aim is to give an account of the diversity of these controls.

Thus conceived, this book is intended to be a tool enabling practitioners (public authorities, councils, etc.) to legally secure the conclusion and performance of their contracts and enabling companies to place their legitimate desire for development within the limits set by the rules of competition.