Abstract

OSSA BOCANEGRA, Camilo Ernesto. Treatment of collusion in public procurement: a vision of the colombian case. Rev. Derecho [online]. 2014, n.42, pp.233-263. ISSN 0121-8697.

Collusion, meaning an illegal agreement in third party damage, which occurs in procurement processes, is an anticompetitive agreement sanctioned by Article 47 Section 9 of Decree 2153 of 1992 and most recently by Act 1474 of 2011 Anti-Corruption Statute -in which, by means of the latter Act, was raised to the category of offense was punishable previously only from the administrative point of view. However, the penalty established model Colombian regulations, is a model of punishment that while it is quite high, especially after the categorization of offenses of this behavior, the real problem lies in the application of the same or better, the agency responsible for its implementation. So, like any anticompetitive agreement, collusion is conduct that creates great effects on the market created by the State, taking into account that public procurement, competition moves to another stage of the competitive process, since here it competes by the market, meeting with a result similar to that obtained in a monopoly situation, since that is the outcome that maximizes total benefits that producers can obtain from the market.

Keywords : collusion; anticompetitive agreements; markets; punishment; Superintendency of Industry and Commerce; public procurement regulation; antitrust.

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