Ochrona zamawiającego przed zmowami przetargowymi w polskim prawie karnym, antymonopolowym oraz prawie zamówień publicznych
Protection of the procuring party against tender collusions in Polish criminal, antitrust and public procurements law

Summary/Abstract: The purpose of this article is to compare the scope of the application of criminal law, competition law and public procurements law in protecting the procuring party against tender collusions. The article discusses the different types of tender collusions as well as “bid rigging”, it indicates which of them may be examined under the provisions of each legal branch, and presents potential sanctions to business entities and natural persons. Addressed also are procedural aspects of the issue, in particular the type of evidence which can be used and the standard of proof in proceedings based on circumstantial evidence. The article continues on to describe the issue of potential liability for tender collusion of persons holding an executive position and assesses it in the light of the ne bis in idemprinciple.

• Details
• Contents