A simultaneous participation, in the same public procurement procedure, of companies in a group or controlling relationship and the principle of competition

Joana Azeredo

Keywords

companies in a group or controlling relationship; public procurement; principle of competition; exclusion of proposals; irrebuttable presumption; coordination of evidence.

Abstract

The proliferation of economic groups, greater or smaller, under various forms, is a phenomenon which, although not new, is gradually raising an endless number of legal issues. The company is now a block structure and not an isolated thing.

This study seeks to address the issue of two or more companies that are in a group or controlling relationship could participate in the same adjudicative procedure, without this might undermine one of the basic principles of public procurement law: the principle of competition, question that has not obtained, by the courts, an answer an unequivocal answer.