Administrative Contracting and Local Administration in the Basque Competition Authority. The ‘Pinosolo’ Case

  • Guillermo Aranzabe Pablos
DOI: https://doi.org/10.18543/ed-63(1)-2015pp131-148
Keywords: public bidding, impartiality, objectivity, conciliation, equality, falsification, public interest, advantage

Abstract

The occasion arises to analyze the recent Resolution of May 21, 2013 of the Basque Competition Council (in forward, CVC) that turns out to be symptomatic of necessary symbiosis between the intricacies of the Competition Law and the public contracting. In this occasion there is perceived a kind of practices opposite to the competition due to a cooperation between two companies in a public bidding that took as an object the alteration of the equal conditions in the process of public contracting of the tender of the «Complex Sports Pinosolo». On a one hand, the concurrence of the conciliation typified in the article 1.1 of the LDC due to the existence an exchange of strategic information between the companies. On the other hand, the concurrence of an act of falsification of the competition of the article 3 of the LDC, at an act of disloyal competition –in concrete, that of the article 15.2 of the LCD for infringing the regulatory procedure of the concurrencial activity (among others the articles 1 and 129.2 of the LCSP) that involves a falsification of the competition on having placed illegitimately to a company in position of advantage and that affects flatly to the public interest that rests in the principle of that the company that competes with the most attractive offer is the tenderer of the public bidding.

Published online: 13 July 2015

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Published
2015-07-13
How to Cite
Aranzabe Pablos, Guillermo. 2015. “Administrative Contracting and Local Administration in the Basque Competition Authority. The ‘Pinosolo’ Case”. Estudios De Deusto 63 (1), 131-48. https://doi.org/10.18543/ed-63(1)-2015pp131-148.
Issue
Vol. 63 No. 1 (2015)
Section
Special Issue

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