Abstract

The objective of this paper is to present the issue of collusive tendering in public procurement procedures regulated by the Polish Public Procurement Law and by relevant EU laws. Besides a typology of collusions in public procurement, ways of defining those are also presented in the paper in the context of both the Polish and the EU legal systems. The paper systematises and describes agreements which restrict competition on the so-called public procurement market. The considerations on institutional and legal protection of that market against the above-mentioned agreements indicate whether the market is sufficiently protected and whether the competiveness of this area of national economy is safeguarded. The paper provides examples of judgements and decisions by courts of law, public authorities, National Appeals Chamber or the EU Court of Justice, the analysis of which allows one to develop a position on whether institutional mechanisms have a preventive effect on of the participants in collusive tendering.