article thumbnail

Risk of anti-competitive collusion after excessive level of transparency in public procurement debriefing?

European Law: Public Procurement

On the other hand, excessive disclosure of information can increase market transparency and be used as a means to collude or to reinforce collusion by tenderers. Public Procurement and the EU Competition Rules (Oxford, Hart Publishing, 2011) 358-9]. Interestingly, Directive 2004/18 contains a specific rule addressing this issue.

article thumbnail

2025 PAW: The Growing Influence of Criminal Law in International Arbitration

Kluwer Arbitration

These are powerful tools, which must be balanced with practical and procedural considerations, such as cost, time, and due process concerns. In cases of clear collusion, criminal justice will no longer hesitate to intervene in an arbitral process. This post is part of Kluwer Arbitration Blogs coverage of Paris Arbitration Week 2025.

professionals

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Public procurement (entry for an Encyclopaedia)

How to Crack a Nut

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

article thumbnail

Two roles of procurement in public sector digitalisation: gatekeeping and experimentation

How to Crack a Nut

This creates a regulatory gap —or rather a laissez faire environment—whereby the public sector is allowed to experiment with the adoption of digital technologies without clear checks and balances. The current strategy is by and large one of ‘experiment first, regulate later’.