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.

1. Introduction



2. How should the concept of discretionary grounds for exclusion be understood?



3. Breach of competition law as the basis for exclusion



4. Application of the single economic unit doctrine for the purposes of exclusion grounds based on Article 57(4)(d) of Directive 2014/24/EU



5. Consortia in public procurement



6. Joint bidding using structures other than a consortium and their effect on competition



7. Consortia and subcontract agreements as part of a single and continuous infringment



8. Consequences of exclusion based on Article 57(4)(d) of Directive 2014/24/EU for future tender procedures and possible measures for avoiding exclusion (self-cleaning)