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Antitrust Liability of Public Entities Acting as Awarding Powers In Public Procurement… The Hesitant Spanish Case

BY | April 8, 2019

By Antonio Miño López Treuhand I and II expanded antitrust liability beyond its customary framework, to include the auxiliary firms deliberately and actively facilitating a cartel’s setting up and performance.…

By Antonio Miño López

Treuhand I and II expanded antitrust liability beyond its customary framework, to include the auxiliary firms deliberately and actively facilitating a cartel’s setting up and performance.

Two Spanish Supreme Court ground-breaking rulings – SESCAM and Uva de Jerez – stretched out that doctrine to public entities acting as economic operators or regulatory bodies.

This has opened the gate to fine contracting authorities for decisions or behavior that distort c

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