Koncepcja zmowy przetargowej na gruncie postępowania o udzielenie zamówienia publicznego
The concept of tender collusion on the basis of the public procurement procedure

Summary/Abstract: Tender collusion belongs to a wide group of anti-competitive practices aimed at unfairly influencing the Employer’s decisions regarding the selection of the best offer. The purpose of this article is to examine the legal nature of tender collusion and to indicate its legal basis, both on the basis of national and EU regulations. Next, the author characterizes the most common forms of anticompetitive agreements, basing his analysis on the jurisprudence of the National Appeal Chamber and the studies of the Organization for Economic Cooperation and Development. In addition, this article presents analytical methods and evidence means by which it is possible to prove the existence of an unfair agreement. The culmination of the work is a detailed analysis of one of the judgments of the National Appeal Chamber, which was carried out due to economic and family ties of several contractors participating in the procurement procedure.

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