PUBLIC PROCUREMENT - Lexnet

Problem Solution – Domestic Cases http://simap.eu.int/DA/pub/src/d006.html
The common feature of cases which were successfully concluded is the constructive
dialogue established between the contracting entities and the Danish Competition Authority.
The Danish Competition Authority has created the basis for this dialogue by starting each
complaints procedure by giving the contracting entity a thorough briefing concerning the
role of the Authority in this area. In this way the Authority has many times successfully
managed to turn a somewhat hostile attitude on the part of the contracting entity into a better
understanding why the Danish Competition Authority interferes with the contracting entity’s
business, e.g. by starting to ask for information regarding the specific procurement
procedure.
Once greater susceptibility is obtained within the contracting entity as to how the Danish
Competition Authority deals with problems in connection with procurement procedures, the
chances of a constructive dialogue between the Danish Competition Authority and the
contracting entity have moved closer. In most cases the contracting entity has already stated
its willingness to observe the opinions and recommendations of the Competition Authority.
Example 7 illustrates a case in which the contracting entity was not particularly
co-operative, however, the case ended as a moderate success in terms of public procurement
law. As it were, the miscalculation of the value of the subject-matter of the procurement
procedure turned out to be marginal and the Danish Competition Authority found no reason
to assume that the contracting entity had tried to evade the rules.
The luckily, only few cases where the contracting entity does not accept the opinion of the
Danish Competition Authority in the matter has been characterised by the contracting entity
feeling that interference by the Danish Competition Authority has been malappropriate. In
these cases, it was evident that the contracting entity had little understanding of his
obligation to comply with the procurement rules. Typically, the contracting entities had had
no previous experience in implementing procurement procedures. This was indeed the
situation in the case described in Example 8, where the contracting entity was a very small
local authority with no previous experience in implementing procurement procedures.
5. Table showing the eight examples
Successful results: Examples 1-6.
Moderate successful results: Example 7.
Bad results: Example 8.
Tender
in progress
Completed
tender
No
tender
Contracting Entity abiding
by the opinion of the DCA
Example 1 + +
Example 2 + +
Example 3 + +
Example 4 + +
Example 5 + +
Example 6 + +
Example 7 + (+)
Eksempel 8 + %
6. Conclusion
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