PUBLIC PROCUREMENT - Lexnet

Problem Solution – Domestic Cases http://simap.eu.int/DA/pub/src/d006.html
The Danish Competition Authority is receiving an increasing number of complaints, and the
trend indicates an increasing number of complaints concerning procedures in progress. As a
result of these facts the Danish Competition Authority stands a much better chance of
ensuring that any legal problems in connection with procurement procedures are solved
before the contracting entity awards the contract. Furthermore, this trend is self-increasing as
the consideration of more cases leads to more and more tenderers being aware of the
Authoritys function in this area and may avail themselves of its services.
It is vital to the outcome of cases that the Danish Competition Authority succeeds in
informing the contracting entities well enough about the procurement rules and the
importance of complying with these rules. In addition, it has proved especially important
that the contracting entity is given the right understanding of the role and competence of the
Competition Authority. The earlier the Danish Competition Authority and the contracting
entity establish a constructive dialogue between them regarding the problems involved in a
given procurement procedure, the greater the chance of a good result for all parties involved.
Except in very few instances, the fact that the Danish Competition Authority does not have
any default powers as described in the note on the Danish system of complaints, has not
been any major weakness in the processing of cases by the Authority. The reason could be
the potential effect of the Danish Competition Authority being able to bring a case before
the Complaints Appeal Board that seems to constitute an adequate default devise.
7. Appendix: A Description of the Eight Concrete Cases
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Pilot Project on Public Procurement
Administrative Co-operation on Problem Solution – a project involving Denmark, Germany,
Italy, The Netherlands, Spain and United Kingdom.
Contact Pilot Project on Public Procurement.
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