Latvia: The Competition Council might be interested in joint bidding agreements

Agreement to bid in a consortium for a public contract can be regarded as a cartel. Even though joint bidding is explicitly allowed by the Public Procurement Law to comply with the qualification criteria, such co-operation can be incompatible with the Competition Law, if (a) the members of the consortium are competitors, and (b) one of the members is capable of performing the contract by itself, and/or (c) the consortium is used as a guise for illegal information exchange.

The Competition Council is currently focused on anti-competitive agreements in the public procurement sector. The fine for cartel agreements is up to 10% of each participant’s annual turnover.

by Debora Pāvila, Partner, Latvia

Related Lawyers

Jūlija Jerņeva

Partner

+371 29 131 597

julija.jerneva@vilgerts.comEmail

Jānis Sarāns

Associate

+371 28 682 043

janis.sarans@vilgerts.comEmail

Related Experience

Defended a department store before the Consumer Rights Protection Centre in alleged price display breach for loyal customers.

Audit the compliance of a media company’s digital and analogue marketing practices with GDPR and the draft ePrivacy regulation.

VILGERTS assisted RB Rail in drafting new standard tender rules for design and supervision services, which RB Rail shall procure in a competition with negotiations. We help the client to find the delicate balance between the risks that the client is willing to leave with the suppliers and the uncertainty of the costs of the services for the supplier.

VILGERTS together with Datakom, a leading IT services provider, conducted a full due diligence of a Latvian pharmaceutical champion. The GDPR compliance package involves a due diligence, where lawyers and IT experts sit side by side in interviews and the analysis phase and automatically catalogue the client’s personal data. The company has spread throughout the EU and CIS; therefore our task was to offer solutions to managing data export and imports that would fit its culture

Instagram