Joint Bidding Agreements

Are you and another promoter about to unite and do a common project as a general contractor? You can use a Joint Bid Agreement to sign this partnership in writing. It is a legal document drawn up by two or more contractors who jointly comply with a given construction project. A common offer agreement can be useful for a contractor specializing in a Skillset who wants to work with another specialist to carry out a project. This agreement (this «contract») confirms and sets out, among other things, the terms of an agreement between the parties regarding the proposed implementation of a joint offer (the «common command» whose essential conditions will be included in the common documentation of the offer) for all equity capital issued and to be issued of the objective. However, other major antitrust authorities do not follow this very hard line with respect to joint tendering agreements. A brief overview of international practice shows that a «broadersaton» or, in itself, common auction approach is not compatible with the position of mature jurisdictions around the world. For example, in the recital GSPC, GGR and ENPRO (Bidding Group), they expressed interest in jointly submitting an offer for Block KG-OSN-3 (Block 10) proposed by the Indian government as part of the Licensing Exploration Policy – Third Round (NELP-III) on the terms set out in this agreement. The Spanish Competition Authority has taken a similar approach in several cases and stressed that «the usefulness and necessity of the creation of a consortium can only be considered valid (…) where, due to a lack of capacity, companies are not able to apply individually for these contracts. It was only in these cases that they were able to make use of the need to create an UTE (a temporary union of companies). Therefore, the joint tendering agreement would not raise competition concerns only in cases where companies would not be able to bid individually (because they are unable to do so).

Indeed, some authorities have considered that this type of agreement falls directly under the category of «object». This is the case of the EFTA judgment of 22 December 2016, in which the Court effectively stated that, if the parties can provide individually, a joint offer constitutes a restriction of competition for purpose. In many sectors, common offers are a standard and legitimate business practice (for example. B risk sharing, etc.) and involve parties who integrate their activities or cooperate in one way or another to offer a more competitive offer. However, the analysis of this practice in EU law on cartels and abuse of dominance has been controversial, with some competition authorities and the courts arguing it as one of the most revolting offences, while others have taken a more nuanced view.