Combatting Corruption And Collusion In Public Procurement
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Combatting Corruption And Collusion In Public Procurement
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Author : Robert D. Anderson
language : en
Publisher: Oxford University Press
Release Date : 2024-03-06
Combatting Corruption And Collusion In Public Procurement written by Robert D. Anderson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-06 with Law categories.
'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.
Competition Law And Collusion In Public Procurement
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Author : Penelope Giosa
language : en
Publisher: Taylor & Francis
Release Date : 2025-08-22
Competition Law And Collusion In Public Procurement written by Penelope Giosa and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-08-22 with Law categories.
This book examines infringements of competition law in public procurement settings, evaluating the latest European Procurement Directive 2014/24/EU to examine to what extent its provisions facilitate or deter collusion during specific award procedures. Public contracts account for a significant proportion of EU expenditure. In sectors such as energy, transport, social protection and the provision of health or education services, public authorities are the main purchasers. It is important to ensure that public contracts are awarded in an open, fair and transparent manner that enables domestic and non-domestic firms to compete on an equal basis, with the aim of improving the quality and lowering the price of purchases made by public authorities. This book assesses the competition law enforcement mechanisms that competition regulators bring to the area of public procurement in the attempt to deter bid rigging. It analyzes key tools for the public and private enforcement of competition law in the domain of public contracts, such as the leniency programme, damages claims for bid rigging and the whistle blower programme. The book uses auction theory as benchmark to assess the risk of collusion in the context of procurement procedures and techniques. Offering a holistic analysis informed by research, it makes recommendations for better design, set up and management of public tenders without distorting competition. Highlighting the need to make use of competition law enforcement mechanisms in the battle against collusion in public procurement, it identifies ways in which the procurement process can be improved, to reduce and prevent bid rigging. The book will be of interest to researchers in the field of competition law, public procurement and EU law.
Trust Courts And Social Rights
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Author : David Vitale
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-15
Trust Courts And Social Rights written by David Vitale and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-15 with Law categories.
Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.
Reforming Public Procurement Law
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Author : Annamaria La Chimia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-07-04
Reforming Public Procurement Law written by Annamaria La Chimia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-04 with Law categories.
This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.
Combating Collusion In Public Procurement
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Author : Katarzyna Kuźma
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30
Combating Collusion In Public Procurement written by Katarzyna Kuźma and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This book offers a clear and structured examination of how joint bidding structures comply with competition rules in Europe. It explains how joint-bids could be considered as agreements aimed at distorting competition, the practice commonly referred to as bid rigging. The book demonstrates how the conclusion of joint-bid agreements could constitute grounds for exclusion from public procurement proceedings under Article 57(4)(d) of Directive 2014/24/EU.
Fighting Corruption In Public Procurement
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Author : Sope Williams-Elegbe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-11-06
Fighting Corruption In Public Procurement written by Sope Williams-Elegbe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-06 with Law categories.
Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.
Fighting Corruption And Promoting Integrity In Public Procurement
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2005-12-07
Fighting Corruption And Promoting Integrity In Public Procurement written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-07 with categories.
This volume comprises papers presented at the OECD Global Forum on Governance: Fighting Corruption and Promoting Integrity in Public Procurement held in Paris in November 2004.
Conflict Of Interests In High Tech Investment Advisory
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Author : Daniel Favoretto
language : en
Publisher: buch & netz
Release Date : 2024-02-21
Conflict Of Interests In High Tech Investment Advisory written by Daniel Favoretto and has been published by buch & netz this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-21 with Law categories.
What are the potential sources of conflict of interests in investment advisory services and how should the law design legal tools of retail investor protection? These are the questions addressed by this book, which explores the new legal challenges of investor protection in the context of digital investment platforms and genAI advisors. The author analyses the investor protection tools provided by competition law, regulatory and private law frameworks, taking Brazil as case study, where investment advisory experienced a unique market change and a major regulatory reform. This book addresses a worldwide audience and concludes with a set of policy recommendations.
Corporate Crime And Punishment
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Author : Cornelia Woll
language : en
Publisher: Princeton University Press
Release Date : 2023-10-31
Corporate Crime And Punishment written by Cornelia Woll and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-31 with Business & Economics categories.
"Over the last decade, many of the world's biggest companies have been embroiled in legal disputes over corruption, fraud, environmental damage, taxation issues, or sanction violations, ending either in convictions or settlements of record-breaking fines that have surpassed the billion-dollar mark. For critics of globalisation, this turn towards corporate accountability is a welcome change, showing that multinational companies are not above the law. In this book, Cornelia Woll considers how far this turn toward negotiated corporate justice, and the United States' legal action against multinationals in particular, is motivated by geopolitical and geoeconomic concerns. Woll analyses the evolution of corporate criminal prosecutions in the United States, as well as the extraterritorial expansion of its jurisdictions, and demonstrates a notable bias against foreign firms. In extreme cases, she argues, this type of legal action is used for explicitly strategic purposes to further US economic interests at home and abroad, a practice known as 'economic lawfare'. By studying the recent institutional and legal changes within a range of countries that have seen their multinational companies targeted by the threat of US prosecutions - including the United Kingdom, Germany, Canada, and Brazil - Woll draws attention to the impact of this strategy in reshaping both national legal approaches to corporate criminal law and the protocols for business government relations. No government wishes to stand accused of allowing their own multinationals to get away with illegal or unethical practices that have only come to light via US investigations, nor do they wish to see the resulting fines from any legal proceedings paid out to the US justice system alone. Woll discusses the resulting measures taken, and those still needed, to strengthen national capacity to intervene in corporate misconduct cases, and considers the extent to which certain US actions exemplify the weaponisation of interdependence by a hegemonic power"--
Oecd Public Governance Reviews Oecd Integrity Scan Of Kazakhstan Preventing Corruption For A Competitive Economy
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2017-06-15
Oecd Public Governance Reviews Oecd Integrity Scan Of Kazakhstan Preventing Corruption For A Competitive Economy written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with categories.
This report looks at how to curb corruption and build a more competitive economy in the Republic of Kazakhstan by assessing four crucial factors: governance, prevention, detection, and prosecution and recovery.