Antitrust Violations May Oust Companies From Public Tenders (Infraestruturas de Portugal)

On December 21, 2023, the Grand Chamber of the CJEU delivered a judgment on the interplay between public procurement rules and competition law.

The judgment replies to questions raised on a preliminary reference by the Portuguese Supreme Administrative Court on the interpretation of Article 57(4) of the Public Procurement Directive (“PPD”), which states that tendering authorities may exclude from participation in a procurement procedure any economic operator involved in anticompetitive behaviour.

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