Abstract

This study compares the disclosure rules between the EU procurement law 2014 and Germany's Federal Public Procurement Act 2016. In the public procurement domain, transparency requirements stipulated under the EU directives can have different meanings in different jurisdictions. As a result, the level of transparency may vary significantly across EU member states. The transparency rules affect the ability of economic operators to participate in the procurement process, as excessive disclosure can promote bid rigging. Hence, the study will concentrate on imposing EU rules in Germany by analyzing legislation and case studies. It also analyzes EU court decisions regarding e-procurement and Directive 2014/24/EC and how the policymakers are not concerned about how excessive transparency promotes bid rigging. The study is valuable to assess the extent of application of EU public procurement disclosure rules in EU states legislations and how to achieve a balance between transparency and competition.

KEYWORDS: Transparency, Competition, Bid Rigging, Equality of Opportunity, Freedom of Competition.