|
|
Veřejné zakázky a bid rigging
Krejčová, Hana
The Diploma thesis deals with the public procurement issue and the bid rigging. The first part of this thesis is focused theoretically on related legislation of public procurement in the Czech Republic. Herein are in this thesis defined public pro-curements and their types, role of contracting authority and award procedure. The further chapter is devoted to the bid rigging and to its theoretical background. The second part of thesis analyses decisions of the case law of bid rigging, influence of the bid rigging. Furthermore, there are suggested the possible results of detection and prevention of bid rigging.
|
|
|
Bid rigging in public procurement
Kohútová, Zuzana ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The thesis provides for a comprehensive legal overview of bid rigging and its manifestation in public procurement. Bid rigging is defined as coordination of competitors in tenders which is not necessary and which is executed when these competitors submit bids according to the conditions agreed among them. The thesis briefly sums up available information on occurrence of bid rigging with emphasis on the only two cases of bid rigging that have been identified, proved and sanctioned in the Czech Republic. This information suggests that despite the fact that the risk of bid rigging is higher at certain markets, notably markets with limited number of competitors present thereon, it may take place in any market. Bid rigging is further analysed as a prohibited agreement distorting competition which always distorts or prevents competitions and as such is considered one of the most serious anti- competitive practices capable of causing immense economic damage. A separate chapter tackles bid rigging in public procurement. This chapter analyses legal basis of prohibition of bid rigging in public procurement, its impact on principles of efficiency, effectiveness and expediency, and points out factors that may support occurrence of bid rigging. With regards to this analysis, the thesis formulates several...
|
|
|
Public procurement in systemic corruption environment
Langr, Ivan ; Ochrana, František (advisor) ; Nemec, Juraj (referee) ; Plaček, Michal (referee)
The dissertation aims to examine the phenomenon of systemic corruption in the Czech public procurement environment and to propose a theoretical concept that would help to identify the causes and risks of this phenomenon. In parallel, the dissertation elaborates on the basis for proposing an effective anti-corruption policy that would address the underlying systemic causes. Methodologically, the dissertation builds on the analysis of public procurement by the Office for the Protection of Competition and the Supreme Audit Office, on the court case analysis and media discourse and also on interviews with respondents from the Czech public administration, academia, non-profit sector, and investigative bodies.
|
|
|
Criminal activity in connection with public procurement
Jiráček, Jan ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
The author analyses the existing legislation regarding crime related to public procurement, focusing on those that directly relate to public procurement. The primary objective of this thesis is a thorough analysis of sections 248 paragraph 2 alinea 2, section 256 and section 257 of the Czech criminal code. Following a brief historical introduction this thesis describes some of the important legal instruments present in the new law regulating public procurement, emphasising the new ones that may have a strong impact on criminal liability. The main part of the thesis then analyses the three aforementioned crimes, putting emphasis on the recent decisions of the Czech courts in this matter. The author also provides practical examples of criminal conduct related to public procurement. The author also focuses on some other crimes that may not be directly related to public procurement, but are in practice more or less often committed in relation to public procurement or together with the three aforementioned crimes. The author has also carried out a detailed analysis of the available case-law related to the crimes described in sections 248 paragraph 2 alinea 2 and 257 of the Czech criminal code in a time period between its entry into force up to the date of submitting this thesis. The reason for this...
|
|
|
Cartels in the field of public procurement
Maturová, Veronika ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The thesis deals with cartels in the field of public procurement. The aim of this thesis is to justify the need for prevention and legal regulation of cartels and to assess the effectiveness of the current legislation in the fight against bid rigging. The author will evaluate the impact of selected instruments for the prevention and detection of cartels in the field of public procurement and will assess which one is the most effective. At the end of the thesis recommendations will be proposed to prevent the emergence of cartels in the field of public procurement.
|
|
|
Analysis of public procurement in the Czech Republic in 2006 to 2016
Karabcová, Aneta ; Chmelová, Pavla (advisor) ; Maule, Petr (referee)
This bachelor thesis analyzes the development of the legal and institutional framework of public procurement in the Czech Republic between 2006 and 2016 and its influence on key indicators of the Public Procurement Information System. The theoretical part provides the characteristics of public procurement, aspects of procurement procedures and cartels, which are further used in the analysis of selected indicators of the public procurement market and the findings of the Office for The Protection of Competition. The volume of assigned public procurements represents an important item of public expenditure each year and forms a significant share of the GDP of the Czech Republic. At the same time, it is the public procurement, which is affected by corruption, and therefore pursued by the media and the public. The thesis also deals with the findings of the Office for the Protection of Competition and with the function of the Supreme Audit Office, which has the function of control of public funds. Legislative framework of public procurement undergone an extensive content changes over the years and have had positive effects in many market sectors. Also after the approval of the latest public procurement law in 2016 and electronic public procurement system have been strongly backed by the so-called 3E principles and transparency of spending public funds and the principle of non-discrimination of tenderers.
|
|
|
Bid rigging in public procurement
Kohútová, Zuzana ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The thesis provides for a comprehensive legal overview of bid rigging and its manifestation in public procurement. Bid rigging is defined as coordination of competitors in tenders which is not necessary and which is executed when these competitors submit bids according to the conditions agreed among them. The thesis briefly sums up available information on occurrence of bid rigging with emphasis on the only two cases of bid rigging that have been identified, proved and sanctioned in the Czech Republic. This information suggests that despite the fact that the risk of bid rigging is higher at certain markets, notably markets with limited number of competitors present thereon, it may take place in any market. Bid rigging is further analysed as a prohibited agreement distorting competition which always distorts or prevents competitions and as such is considered one of the most serious anti- competitive practices capable of causing immense economic damage. A separate chapter tackles bid rigging in public procurement. This chapter analyses legal basis of prohibition of bid rigging in public procurement, its impact on principles of efficiency, effectiveness and expediency, and points out factors that may support occurrence of bid rigging. With regards to this analysis, the thesis formulates several...
|
|
|
Detection of bid rigging - theoretical and empirical analysis
Marečková, Jana ; Skuhrovec, Jiří (advisor) ; Gapko, Petr (referee)
This thesis is a case study examining Czech public procurement in medi- cal machinery industry. It proposes and applies several practical methods for identifying risk of bid rigging, such as: frequency analysis of participation of the same small groups of firms, analyzing ownership structure of participating firms and frequency analysis of systematically excluded bids of firms. Results include presence of cases of the same small groups of firms which bid more fre- quently together with no other competitors. Main contribution of the work lays in outlining some analytical possibilities for practical detection of bid rigging risk. JEL Classification H57, H75, K42 Keywords public procurement, bid rigging, Czech Repub- lic, medical machinery Author's e-mail janamar@atlas.cz Supervisor's e-mail jskuhrovec@gmail.com Abstrakt Tato práce je případovou studií zkoumající veřejné zakázky z oblasti me- dicínského vybavení. Práce navrhuje a aplikuje následující praktické metody pro odhalení rizika bid riggingu: frekvenční analýza účasti stejné malé skupiny firem, analýzu vlastnické strukury firem a frekvenční analýzu počtu vyřazených nabídek. Analýza odhalila případy skupin malých firem, které spolu často soutěží v omezené konkurenci. Hlavním přínosem práce je nastínění...
|
|
|
Veřejné zakázky a bid rigging
Krejčová, Hana
The Diploma thesis deals with the public procurement issue and the bid rigging. The first part of this thesis is focused theoretically on related legislation of public procurement in the Czech Republic. Herein are in this thesis defined public pro-curements and their types, role of contracting authority and award procedure. The further chapter is devoted to the bid rigging and to its theoretical background. The second part of thesis analyses decisions of the case law of bid rigging, influence of the bid rigging. Furthermore, there are suggested the possible results of detection and prevention of bid rigging.
|
|
|
Fight against cartels in public procurement in the Czech Republic
Šedová, Kristýna ; Šimíček, Petr (advisor) ; Chmelová, Pavla (referee)
This bachelor thesis thematizes cartels in public procurement in the Czech Republic, their monitoring, detection and penalisation. Based on theoretical knowledge of cartels, public procurement and bid rigging it analyzes and compares value of penalty with economic indicators of companies behaving dishonestly. The Czech Office of the Protection of Competition harmonizes the setting of penalties with European Commission. However, the thesis concludes that the punishments are considerably benevolent. Although the aim is not to get the firm to liquidation, it will be difficult to eliminate breaking the competition without some stricter preventive measures starting with the higher penalties.
|
guest ::
