Tenders may face investigation on intra-group collusion
Companies that are part of the same corporate group which are tendering separately in public tenders may need to prove absence of collusion, the EU Advocate General has ruled.
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Companies that are part of the same corporate group which are tendering separately in public tenders may need to prove absence of collusion, the EU Advocate General has ruled.
In his Opinion delivered on 22 November, AG Campos Sánchez-Bordona confirmed that, in the absence of an express legislative provision or a specific tendering process requirement, related tenderers that submit separate tenders in the same procedure are not under a duty to disclose their links to the contracting authority.
However, he said, where such companies submit separate bids in a public tender, the contracting authority is obliged to request from those tende
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