In an article published in “Option Droit & Affaires”, Nelsie Bergès from our Public Law team and Lucile Delahaye from  our Competition and Distribution team explain the recent evolutions in the area of “bids submitted by subsidiaries of the same group.”

The French Competition Authority and the Conseil d’Etat have recently adopted different interpretations on the issue of concerted responses to a call for bids submitted by several companies of the same group.  What lessons can be learned from these two decisions on the issue of the autonomy of subsidiaries under competition law and public procurement law?

The team explains: “Although the competition law now seems to accept coordinated responses by several subsidiaries of the same group, public procurement law continues to sanction such practices on the grounds of the principles of transparency and equal treatment.” Read the article here