A key feature of the CMA's letter is the announcement of a
free screening tool to help procurers screen tender data for signs
of possible bid rigging by a cartel. The introduction of such a
tool affirms the need for public authorities to be ever more
focussed and vigilant when it comes to their procurement
practices. Contractors and authorities will want to take the
points made on board.
David Hansom, head of procurement law, comments that the
CMA's interest in this area is timely given the increasing
importance of public sector contracting to the wider economy and
the potential impact of bid rigging. The EU procurement rules will
continue to apply for any Brexit transition period, and are likely
to continue in some form or another even after any Brexit. It is
comforting to see that the CMA's concerns align with that of
the European Union, which has always been particularly concerned
with price fixing as a type of anti-competitive
behaviour.