Cartels, Competition and Public Procurement

Cartels, Competition and Public Procurement uses a law and economics approach to analyse whether competition and public procurement laws in Europe and Asia deal effectively with bid rigging conspiracies.Stefan Weishaar explores the ways in which economic theory can be used to mitigate the adverse effects of bid rigging cartels. The study sheds light on one of the vital issues for achieving cost-effective public procurement - which is itself a critical question in the context of the global financial crisis. The book comprehensively examines whether different laws deal effectively with bid rigging and the ways in which economic theory can be used to mitigate the adverse effects of such cartels. The employed industrial economics and auction theory highlights shortcomings of the law in all three jurisdictions - the European Union, China and Japan - and seeks to raise the awareness of policymakers as to when extra precautionary measures against bid rigging conspiracies should be taken.

Students and researchers who have a keen interest in the relationship between law and economics, competition law and public procurement law will find this topical book invaluable. Practitioners can see how economic theory can be used to identify situations that lend themselves to bid rigging and policymakers will be informed about the shortcomings of existing legislation from a legal and economics perspective and will be inspired by approaches taken in different jurisdictions.

Contents:

1. Introduction

Part I: Economic Theory

2. Economic Theory on Optimal Deterrence and Enforcement

3. Industrial Economics

4. Auction Theory and Collusion

Part II: Legal Analysis

5. The Effectiveness of the Legal Regime Applicable to Bid Rigging in the European Union

6. Application of Auction Theory in Europe

7. The Effectiveness of the Legal Regime Applicable to Bid Rigging in China

8. Application of Auction Theory in China

9. The Effectiveness of the Legal Regime Applicable to Bid Rigging in Japan

10. The Japanese Construction Sector

11. Limits of Economic Theories and Concluding Remarks

Appendix 1. Europe - An Overview of Public Procurement Law

Appendix 2. China - An Overview of Public Procurement Law

Appendix 3. History of Japanese Antitrust Legislation

References

Index