'Bid rigging is Anti-Competitive'. Explain the above statement in the context of the Competition Act, 2002.
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2024
'Bid rigging is Anti-Competitive'. Explain the above statement in the context of the Competition Act, 2002.
Answer & Explanation:
As per Competition Act, 2002 'Bidding', as a practice, is intended to enable the procurement of goods or services on the most favourable terms and conditions. Invitation of bids is resorted to both by Government (and Government entities) and private bodies (companies, corporations, etc.) But the objective of securing the most favourable prices and conditions may be negated if the prospective bidders collude or act in concert. Such collusive bidding or bid rigging contravenes the very purpose of inviting tenders and is inherently anti-competitive. If bid rigging takes place in Government tenders, it is likely to have severe adverse effects on its purchases and on public spending. Bid rigging or collusive bidding is treated with severity in the law. The presumptive approach reflects the severe treatment.
Topics: Competition Act, 2002
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