This book presents a comprehensive assessment of anti-cartel enforcement and investigative procedures in India. It makes a case for enhanced sanctions for cartel conduct in India. Cartels are considered the most pernicious violation of competition law, referred to as "cancer to the free market economy". While competition laws in most jurisdictions prescribe strict sanctions against cartels, Indian Competition Law provides only civil penalties, with an upper ceiling for proven cartel conduct. This volume assesses the effectiveness of anti-cartel enforcement of the Competition Commission of India (CCI). It explores investigative procedures of the CCI through multiple qualitative and quantitative indicators and the extent to which enforcement of anti-cartel laws in India has led to cartel deterrence. Further, it also examines the priorities and processes of the CCI in terms of anti-cartel enforcement, their sanctioning mechanism and their dependency of computation of penalty on varied factors. Featuring detailed case law studies and engaging data, this book will be an essential read for students and researchers of law and legal studies, competition law, corporate law, intellectual property law, and business law.
'Corruption' in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. This book provides a legal, economic, and practical analysis of issues concerning corruption and supplier collusion in public procurement, both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. It offers practical guidance on building robust regimes for combatting corruption and collusion in public procurement and how to bolster and improve them when they are faltering. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book. Pioneering and comprehensive, Combatting Corruption and Collusion in Public Procurement provides a pathbreaking analysis of a range of global issues, making it an essential read for scholars, lawyers, government officials and representatives of international and non-governmental organizations around the world.
Since the start of the economic reform process in the 70s China has been able to generate a large volume of investment, both from domestic and foreign sources. This high volume of investment was instrumental in sustaining strong economic growth and related improvements in living standards.
This assessment of progress made in integrity in public procurement in OECD countries shows that as a result of austerity measures, governments have been providing smarter and more environmentally friendly procurement.
The Routledge Handbook of Public Procurement Corruption showcases the most innovative and exciting research being conducted in this important area of study, providing a comprehensive go-to reference for all who are interested in the topic. During the COVID-19 pandemic, the global race for health and ancillary goods amid global supply chain disruptions demonstrated that, when tested, all countries are incredibly vulnerable to fraud and corruption in public procurement, irrespective of their level of development. Yet despite the widespread nature of the problem, there remains a lack of in-depth, analytical, and cross-country investigations into public procurement corruption. This book addresses this gap by providing a comprehensive, multidisciplinary, geographically balanced treatise on corruption in public procurement. It combines country-specific studies to allow readers to easily compare differing perspectives and approaches and overarching thematic chapters to reflect on new and cutting-edge issues in procurement and their implications for procurement corruption. Key sectors such as healthcare and infrastructure are considered, as well as the role of new technologies, in both combatting and enabling procurement corruption. This Handbook provides academics, practitioners, and graduate researchers of public administration, law, and anti-corruption with all of the tools they need to understand the nuances of public procurement corruption around the world.
Future economic development and the well-being of citizens in South East Europe (SEE) increasingly depend on greater economic competitiveness. Realising the region’s economic potential requires a holistic, growth-oriented policy approach. Against the backdrop of enhanced European Union (EU) ...
Increasing productivity, enhancing social inclusion and strengthening institutions are top priorities for countries in Latin America and the Caribbean, and constitute therefore the three pillars of the OECD LAC Regional Programme. Good public governance and a strong culture of integrity are ...
This report is intended to help policy makers, law enforcement officials and stakeholders strengthen prevention efforts at both the public and private levels, through improved understanding and enhanced awareness of corruption risk and mechanisms.
The fundamental goal of competition law is to support productivity and innovativeness; in fact, the short-term effect of enforcement actions is often a reduction in product prices. This book reports the findings of consumer market studies into a range of goods and services in developing countries in Africa, Asia and Latin America. It finds a pervasive lack of competition in those markets, which not only reduces the standard of living of consumers, including poor and vulnerable groups, but also softens the incentives on firms to improve the efficiency of their operations and the quality of their products