List of Figures
List of Tables
Foreword
Acknowledgements
1. Introductory Chapter
2. The Significance of Bid Rigging, Its Rationale and the Factors Conducive to It through the Lens of Auction Theory
3. The Historical Background of EU Public Procurement Rules and the Role of Competition
4. Procurement Planning under Directive 2014/24/EU: Are Its Provisions Suitable for Preventing the Development of Bid Rigging?
5. Contracting Phase I: Are the Procedures under 2014/24/EU Directive the Most Effective Toolkit for Preventing Bid Rigging?
6. Contracting Phase II: Are the Procurement Techniques under 2014/24/EU Directive the Most Effective Toolkit for Preventing Bid Rigging?
7. Debarment, Self-Cleaning and Leniency: Friends or Foes?
8. Damages Claims for Bid Rigging in the EU
9. Whistle-Blower Programme: An Effective Mechanism to Deter Collusion and Boost the Enforcement of Competition Law in Public Procurement?
10. Concluding Chapter
Bibliography
Appendix 1
Appendix 2
Appendix 3
Index
Biography
Penelope Giosa is a Lecturer in Law at the University of Reading and an Associate Fellow of the Higher Education Academy. She is also a qualified lawyer (not currently practising law) in two countries, Greece and Cyprus and the Convenor of the SLS Comparative Law section. Her research interests extend to the fields of Competition Law, Public Contracts and Economic Crime. She also takes a particular interest in State Aid and the role of Food Law in sustainable development and addressing climate change.
“Using auction theory as a benchmark to analyse the risks of big rigging and other forms of collusion in public procurement, this timely and well-researched and written book brings a fresh approach to this understudied, but very relevant area. Penelope Giosa does not just point out to the criticalities in the present EU directives but shows what should be done differently both in view of the forthcoming reform of the directives but also by enhancing the private enforcement of EU competition rules to safeguard the public purse.”
Roberto Caranta, Professor in Administrative Law at the University of Turin, Italy.
"This monograph is a go-to resource for anyone interested in policies against bid rigging and the much-discussed interface between procurement and competition policies. Readers will find not only solid legal analysis but also practical recommendations. Penelope Giosa’s research is impressive, and her message is clear: all stages of procurement, from planning to project delivery, are vulnerable to bid rigging, and procurement policy can, and should, be designed to counter this risk. I truly enjoyed reading the book and highly recommend it, with many congratulations to Penelope!"
Dr. Despina Pachnou, Organisation for Economic Co-operation and Development (OECD)
"This book is a great addition to the field of competition law because it makes the complicated and important topic of finding and stopping cartels in public procurement easy to understand and well-researched. The author skillfully develops pragmatic recommendations, utilizing qualitative research methodologies and empirical surveys, all situated within a comparative analytical framework. This book is highly recommended for scholars and professionals who want to learn more about this important area"
Aurelien Portuese, Research Professor and the Founding Director of the GW Competition & Innovation Lab at the GW Institute of Public Policy, the George Washington University.
