Cartels, Competition and Public Procurement

Cartels, Competition and Public Procurement

Law and Economics Approaches to Bid Rigging

New Horizons in Competition Law and Economics series

Stefan E. Weishaar

Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement – which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions – the European Union, China and Japan – and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken.

Chapter 5: The effectiveness of the legal regime applicable to bid rigging in the European Union

Stefan E. Weishaar

Subjects: economics and finance, competition policy, law and economics, public finance, law - academic, competition and antitrust law, law and economics, politics and public policy, public policy


This chapter considers whether the European Union (EU) law applicable to bid rigging conspiracies deals effectively with such infringements so that procurement entities may buy at competitive prices. EU cartel law will therefore be measured against the law and economics theory on optimal enforcement. The chapter consists of two parts: the first presents the applicable law; the second examines it from an economic perspective.

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