The cooperation between competition law enforcement authorities and public procurement authorities in the fight against bid rigging: The case of Vietnam

Các tác giả

  • Tran Thanh Tam Foreign Trade University

Từ khóa:

thông thầu, cơ quan cạnh tranh, cơ quan mua sắm công, Việt Nam

Tóm tắt

The cooperation between competition law enforcement authorities and public procurement authorities has been widely recognized as an effective tool in detecting and preventing bid-rigging in the public procurement market. By employing empirical research in the form of in-depth interviews, this paper seeks to examine such cooperation in the Vietnamese context. The findings reveal that neither the Vietnamese public procurement agencies nor the Vietnamese competition authorities have successfully fulfilled their cooperative roles in fighting against bid-rigging. These findings provide valuable lessons for both Vietnamese and international policy-makers by emphasizing the need to examine the relationship between competition authorities and public procurement agencies towards effective anti-bid rigging enforcement.

Abstract

The cooperation between competition law enforcement authorities and public procurement authorities has been widely recognized as an effective tool in detecting and preventing bid-rigging in the public procurement market. By employing empirical research in the form of in-depth interviews, this paper seeks to examine such cooperation in the Vietnamese context. The findings reveal that neither the Vietnamese public procurement agencies nor the Vietnamese competition authorities have successfully fulfilled their cooperative roles in fighting against bid-rigging. These findings provide valuable lessons for both Vietnamese and international policy-makers by emphasizing the need to examine the relationship between competition authorities and public procurement agencies towards effective anti-bid rigging enforcement.

Tài liệu tham khảo

[1] Office of Fair Trading (OFT) [UK], 'The Development of Targets for Consumer Savings Arising from Competition Policy', Economic Discussion Paper, 4, OFT 386, June 2002.

[2] Luke M Froeb, 'Robert A Koyak and Gregory J Werden, 'What Is the Effect of Bid-rigging on Prices?'Economics Letters, 42, 419, 1993. [3] Jon P Nelson, 'Comparative Antitrust Damages in Bid-Rigging Cases: Some Findings from a Used Vehicle Auction', Antitrust Bulletin,38, 369, 1993.

[4] Robert D Anderson, William E Kovacic and Anna Caroline Muller, 'Ensuring Integrity and Competition in Public Procurement Markets: A Dual Challenge for Good Governance' in Sue Arrowsmith and Robert D Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011) 681, 703-716.

[5] John Temple Lang, 'Subsidiary and Public Purchasing: Who Should Apply Competition Law to Collusive Tendering and How Should They do It?' European Public Law, 4, 55-56, 1998.

[6] Vietnam's Ministry of Planning and Investment, Bao Cao Tong Hop Danh Gia Tinh Hinh Thuc Hien Luat Dau Thau [Report on Assessment of Implementing the Public Procurement Law] (2012) 7.

[7] Martin Gainsborough, 'National Integrity Systems: Transparency International Country Study Report - Vietnam 2006', (Report, Transparency International, 2006) 25.

[8] David S Jones, 'Curbing Corruption in Government Procurement in Southeast Asia: Challenges and Constraints', Asian Journal of Political Science, 145, 154, 2009.

[9] David S Jones, 'Public Procurement in Southeast Asia: Challenge and Reform', Journal of Public Procurement, 3, 17, 2007.

[10] Robert D Anderson, William E Kovacic and Anna Caroline Muller, 'Ensuring Integrity and Competition in Public Procurement Markets: A Dual Challenge for Good Governance' in Sue Arrowsmith and Robert D Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011), 681, 703-716.

[11] Albert Sanchez Graells, 'Prevention and Deterrence of Bid Rigging: A Look from the New EU Directive on Public Procurement' in Gabriella M Racca and Christopher R Yukins (eds), Integrity and Efficiency in Sustainable Public Contracts: Balancing Corruption Concerns in Public Procurement Internationally (Bruylant, 2014), 171-198.

[12] Kai Hüschelrath, 'Economic Approaches to Fight Bid Rigging', Journal of European Competition Law & Practice, 4(2), 91, 2012.

[13] Laura Carpineti, Gustavo Piga and Matteo Zanza, 'The variety of procurement practice: evidence from public procurement' in Nicola Dimitri, Gustavo Piga and Giancarlo Spagnolo (eds) Handbook of Procurement (Cambridge University Press, 2006).

[14] Lauren Brinker, 'Introducing New Weapons in the Fight against Bid Rigging to Achieve a More Competitive U.S. Procurement Market', Public Contract Law Journal, 8, 43(1), 2015; Anderson, Kovacic and Müller, above, n 5, 681, 712.

[15] OECD, Collusion and Corruption in Public Procurement, 31, 2010. <https://www.oecd.org/competition/cartels/46235884.pdf>.

[16] Competition and Markets Authority and Crown Commercial Service. 'Procurement e-learning module targets bid-rigging cheats'. Internet: https://www.gov.uk/government/news/procurement-tool-targets-bid-rigging-cheats [Apr 19 2022].

[17] Nederlandse Mededingingsautoriteit [Neitherlands Competition Authority]. 'Formulier Melding van aanwijzingen voor mededingingsbeperkende afspraken bij de aanbesteding van bouwprojecten'[Form Notification of indications of anticompetitive agreements in the tendering of construction projects]. Internet: https://www.pianoo.nl/sites/default/files/documents/documents/formuliermeldingvanaanwijzingennma.pdf [Apr 19 2022].

[18] International Competition Network, Relationships between Competition Agencies and Public Procurement Bodies (2015) <http://internationalcompetitionnetwork.org/uploads/library/doc1036.pdf> 28.

[19] Vietnam's Ministry of Planning and Investment, [Report on Assessment of Implementing the Public Procurement Law] ̣(2012) <http://muasamcong.mpi.gov.vn/servlet/fileAttachment/FileDownload?fileId=407> 6.

Tải xuống

Số lượt xem: 13
Tải xuống: 8

Đã xuất bản

24.12.2022

Cách trích dẫn

[1]
T. T. Tam, “The cooperation between competition law enforcement authorities and public procurement authorities in the fight against bid rigging: The case of Vietnam”, HIUJS, vol 3, tr 57–66, tháng 12 2022.

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