INTRODUCTION

Abstract

In chapter I (Introduction), the authors explain why they addressed the issue of joint bidding in public procurement, namely consortia and structures enabling the achievement of similar economic goals(cooperation with so-called third parties and subcontractors), in the context of the premise for exclusion referred to in Article 57(4)(d) of Directive 2014/24/EU. This premise applies to the situation where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered into agreements with other economic operators aimed at distorting competition. The assessment of whether joint bidding in a particular case can constitute such an agreement (in particular in the meaning of Article 101 TFEU) creates difficulties for contracting authorities and bodies adjudicating in public procurement law and competition law, but primarily the contractors themselves. The authors also mention the methodology they applied when working on the book, which was largely based on the analysis of practical examples of cases settled in various EU Member States and EFTA countries, as well as on the analysis of selected legislative solutions.