As has been a classic in recent years, we continue to note the continued perseverance of the competition authorities in the pursuit of anti-competitive practices that may affect public procurement. This is their main workhorse and they publicize it through numerous sanctioning proceedings and inspections, as well as the adoption of increasingly sophisticated detection systems and sanctioning mechanisms.
The insistence on tackling bid rigging is not exclusive to our country, so we will try to give you a small overview of the most recent decisions on this issue in other jurisdictions. In any case, our in-depth analysis is dedicated to national decisions, where UTEs, the prohibition of contracting, obstruction in inspections, sanctions to companies and managers and compliance programs continue to be the star issues.
As a final note, we would like to point out that the rules that will soon govern vertical relationships (supplier-distributor) from a competition perspective have just been published. In these cases, participation in public (or private) tenders is considered a “passive sale”. To find out more, we invite you to read our next monographic Newsletter on the subject.
