Frequently asked questions

The bid-rigging in public procurement consists in the conclusion of secret agreements between applicants to agree on proposals, to the detriment of competition in tenders, giving a false appearance of competition.

A concentration is a change of control in the whole or parts of one or more undertakings occurring on a lasting basis, as a result of:

• The merger of two or more undertakings;
• The acquisition of control of the whole or parts of the share capital or parts of the assets of one or various other undertakings; or
• The creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity (full capacity).

Public procurement refers to the acquisition by the State and other public entities of goods and services necessary to ensure the exercise of their duties. In Portugal, public procurement is regulated by the Public Contracts Code, approved by Decree-Law no. 18/2008, of 29 January. 

Bid-rigging in public procurement results in less favourable conditions for the State, leading to higher prices, lower quality, or lower levels of innovation. As such, this type of behaviour compromises a better and more efficient allocation of public resources and the objective of “more and better for less” on public procurement, to the detriment of consumers and taxpayers.