ARTICLE
28 December 2017

Watch Out For Bid-Rigging!

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Clyde & Co

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Clyde & Co is a leading, sector-focused global law firm with 415 partners, 2200 legal professionals and 3800 staff in over 50 offices and associated offices on six continents. The firm specialises in the sectors that move, build and power our connected world and the insurance that underpins it, namely: transport, infrastructure, energy, trade & commodities and insurance. With a strong focus on developed and emerging markets, the firm is one of the fastest growing law firms in the world with ambitious plans for further growth.
On 15 December 2017, the Competition and Markets Authority (CMA) released an open letter about the importance of detecting and deterring bid-rigging in all public procurement activities.
United Kingdom Government, Public Sector

A key feature of the CMA's letter is the announcement of a free screening tool to help procurers screen tender data for signs of possible bid rigging by a cartel. The introduction of such a tool affirms the need for public authorities to be ever more focussed and vigilant when it comes to their procurement practices.  Contractors and authorities will want to take the points made on board.

David Hansom, head of procurement law, comments that the CMA's interest in this area is timely given the increasing importance of public sector contracting to the wider economy and the potential impact of bid rigging. The EU procurement rules will continue to apply for any Brexit transition period, and are likely to continue in some form or another even after any Brexit. It is comforting to see that the CMA's concerns align with that of the European Union, which has always been particularly concerned with price fixing as a type of anti-competitive behaviour.  

Our award winning specialist procurement team at Clyde & Co has developed a range of procurement products known as Clyde Procure, including procurement "health checks" to identify bid rigging and other issues.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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